
Class __Xi<L:^lli 
Book l'^.A$i__ 



JO 



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COPYRIGHT DEPOSrr. 



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CIVIL GOVERNMENT 



OF 



VIRGINIA 



A TEXT-BOOK FOR SCHOOLS BASED UPON 

THE CONSTITUTION OF 1903 AND 

CONFORMING TO THE LAWS 

ENACTED IN ACCORDANCE 

THEREWITH 



By WM. F. pox 

SuPT. or Schools, Richmond, Va. 




NEW YORK AND CHICAGO 
RICHARDSON, SMITH AND COMPANY 



1 

J 



Note. — Important changes in every part of the fundamental law of the 
State were made by the Constitutional Convention of 1901-2. 

A great many of these changes did not go into full effect until as late as 
Feby 1, 1904 ; and some are yet to be made effective by the operation of 
laws already passed or to be enacted hereafter. Under the circumstances the 
author trusts he may be pardoned if some errors or omissions are found in 
this work, but it is believed that in all essential points it is in harmony with 
the provisions of the Constitution and the laws of the State as they stand at 
the present time. 

LIBRak^ -.t CONGRESS 
Two Cepieb Received 

MAR 19 1904 

K Copyrigrt Entry 
CLASS O^ ' xxL No. 
COfY 3 



Copyright, 1904, by 
RICHARDSON, SMITH AND COMPANY 







CONTENTS. 



^ 



Introduction 



PAGE 

. 5 



I. General Principles 9 

Bill of Rights.— Who May Vote and Hold Office.— Elections. 

II. Legislative Department 17 

The Senate.— House of Delegates.— General Assembly. 

III. Executive Department "25 

Governor. — Lieutenant-Governor. — Attorney-General. 

IV. Executive Department — Continued 32 

Secretary of the Commonwealth.— Treasurer.-Auditor of Public Ac- 
counts.— Second Auditor. —Register of the Land Office.— State Corpora- 
tion Commission.— Superintendent of the Penitentiary.— Superintendent 
of Public Printing.— Commissioner of Agriculture and Immigration.— 
Commissioners of the Sinking Fund.— Board of State Canvassers. 

V. Judiciary Depart.ment 46 

Supreme Court of Appeals.— Circuit Courts.— Circuit Court of the City 
of Richmond. 

VI. Judiciary Depart3Ient — Continued 55 

Corporation or Hustings Courts. — Justices' Courts. — Hustings Court of 
the City of Richmond. — Chancery Court of the City of Richmond. — Law 
and Equity Court of the City of Richmond. 

VII. Officers of Courts , . 63 

Clerks.- The Tipstaff and Crier.— Sheriff.— Commonwealth's Attorney. 
Attorneys-at-Law.— Who May Practice Law in Virginia. 
Juries. — Grand Juries. — Petit Jury. 

VIII. County Organization 71 

Counties. 

County Officers: Sheriff. — Commonwealth's Attorney. — County Clerk. — 
Treasurer.— Commissioner of the Revenue. —Superintendent of the Poor.- 
County Surveyor. — Superintendent of Public Schools.— County Board of 
School Commissioners.— Electoral Board.— Board of Supervisors.— Asseee- 
ors.— Coroner. 



CONTENTS, 

PAGE 

IX. District Organization 84 

Magisterial Districts. — Supervisors. — Justices of the Peace. — Constable. — 
Overseer of the Poor.— Conservators of the Peace. 

X. Government of Cities and Towns . . . . .88 

Council. — Mayor. —City Sergeant. — Commissioner of the Revenue.— 
Commonwealth's Attorney. — Treasurer. — Sheriff of Richmond City. 



XI. Education 



state : Board of Education. — Superintendent of Public Instruction. 

County : County and City Superintendents.— School Trustee Electoral 
Board. — County School Board. 

District : School Districts.— School Trustees. — District Board of School 
Trustees. 

School Funds. 

Teachers. 

Outlines, of Colonial and State History 100 

Colonial Governors.— State Governors. 

Constitution of Virginia 109 

Population of Virginia at Various Dates 

Index , ^ 



INTRODUCTION. 

The word government means guidance or direction or 
management. It means also the person or persons who rule 
or control any establishment or institution. Wherever any 
number of people live together in one house^ or one town^ or 
city, or country, there must be government of some kind. 

In the family the parents are the government. They 
guide and manage the affairs of the house. They give 
orders to their children as to what they must do and what 
they must not do, and they see that their orders are obeyed. 
This is government, and it is for the benefit of the family. 
If the children were to do as they please, there would be no 
peace or happiness in the home. 

And in their games and amusements out of doors children 
find that they must not do as they please. Every game has 
certain rules or laws which those who take part in it are re- 
quired to obey. In the game of baseball, for example, the 
players are not allowed to act as they like. There are rules 
of the play, and there is an umpire to see that the rules are 
observed. 

In the school, too, and in all business establishments there 
must be government. The teachers direct the work in their 
classes, giving orders to the pupils as to what lessons they 
must study and how they must study them. In the store 
and factory there is a manager or master who directs the 
business. If there were no managers or masters there would 
be nothing but disorder and confusion. 

We can see therefore how necessary government is, and we 
(ian understand why it is that there must be government in 



6 INTRODUCTION. 

the country or state in which we live. There must be laws 
to direct men how they must behave towards one another and 
to punish those Avho do wrong. And there must be people to 
make the laws and people to see that they are carried out. 

This is Civil Government, The word civil means pertain- 
ing to the state^ or to the relations between citizens and the 
state^ and the word state means the whole community or 
body of people living under one government. 

There are different kinds of government in different coun- 
tries. In some countries the government is monarchical — that 
is^ under one person^ a king or emperor — and in some coun- 
tries it is republican. 

A republican government^ or a republic^ is a government in 
which the chief power is exercised not by one person but by 
all the people. The government of the United States is a 
republican government. The government of Virginia is a 
republican government. The head of the state under a 
republican form of government is elected by the people. 

The government in a republic is usually divided into three 
parts or departments. One department makes the laws. 
This is called the legislative department or the legislature. 
It is formed of a certain number of persons who are elected 
at certain times^ by the people^ and who meet to make laws 
that are necessary for the good of the state or country. 

The second department of government is called the execu- 
tive department, and is also formed of persons who are elected 
by the people^ and their business is to execute or carry out 
the laws. Their duty is to see that every one who violates 
any law of the country or state is brought to punishment^ 
and that the laws made for promoting the well-being and 
happiness of the people are carried out. 

The third department of the government is the judicial 
department or the judiciary. Its members are, in Virginia, 
chosen by the legislature. Their duty is to administer the 
laws, that is to inquire into every case in which a person is 
accused of breaking the laws, and if a person is found to be 



INTRODUCTION. 7 

guilty^ to sentence him to the punishment which the law pre- 
scribes for the crime or offence he has committed. 

In this book full particulars and explanations are given as 
to the formation of those three departments of government, 
the many duties assigned to each, and how those duties are 
performed. 

In republics government is usually carried on according to 
the wishes of the majority of the people. This is what is 
called majority rule. At elections to form the legislative or 
executive department, different persons or candidates are 
proposed for each office, and the candidate who gets a major- 
ity of the votes is elected. A candidate is a person who is 
proposed for election to some office. 

Candidates for public offices are proposed or nominated at 
what are called conventions. A convention is a meeting of 
electors, or voters, held for the purpose of agreeing upon or 
choosing persons to be candidates for office. Conventions 
are called together and conducted by organizations known as 
parties or political parties. There are usually at least two 
political parties in every country in which there is constitu- 
tional government. Each of the parties nominates candidates 
at every election, and tries in every legitimate way to per- 
suade the people to vote for its candidates. 

The party whose candidates are elected is called the party 
in power. This is what is known 2,^ party government. 

It is good for the state that there should be political par- 
ties. Each party closely watches the conduct of the other, 
and if the party in power make bad laws or execute the laws 
unfairly or unjustly, the party out of power appeals to the 
people by public speeches and by writing in newspapers, and 
does what it can to get the voters to vote against the party 
in power at the next election and turn it out of office. 

Every citizen may join either of the parties he pleases, and 
so exercise his influence through conventions and elections 
to secure good government. And it is the duty of every 
citizen to do this, for good government — honest law-makers 



8 INTRODUCTION. 

and honest administrators of the laws — is one of the greatest 
blessings a state can have. It is also the duty of young 
people to learn about the government and politics of their 
state^ so that when they come of age they may be able to per- 
form their part as citizens intelligently and well. 



QUESTIONS. 

1. Define government. 

2. Give some illustrations of the necessity of government, 

3. What is the necessity for laws in a country ? 

4. Define civil. 

5. What is a republic? 

6. What does the government in a republic consist of? 

7. What is the duty of the legislative department? 

8. What is the duty of the executive department? 

9. What is the duty of the judicial department? 

10. What do you understand by majority rule? 

11. What is a convention ? 

12. What is a party government? 

13. Why is it good for the state that there should be political parties? 

14. Why is it the duty of every citizen to become a member of one of 
the political parties? 

15. Why is it good for young people to learn about government and 
politics? 



VIRGINIA CIVIL GOVERNMENT 



L 



1. All power is vested in and hence derived from the people ; 

magistrates are their trustees and servants and at all 
times amenable to them. 

2. Government is^ or ought to be, instituted for the common 

benefit, protection, and security of the people. 

3. No free government, or the blessing of liberty, can be 

preserved to any people but by a firm adherence to justice, 
moderation, temperance, frugality, and virtue, and by 
frequent recurrence to fundamental principles. 

— Bill of Rights, 

The Bill of Rights is the title of the first article, or chapter, of 
the Constitution of Virginia. It is so called because it is a decla- 
ration or statement of the rights of the people in regard to govern- 
ment. In English history the name Bill of Rights is given to a 
declaration of rights adopted by the two houses of Parliament in 
England in 1688, and soon afterwards passed into law. 

Vested in means entrusted to or put in possession of. To vest 
is to invest or clothe with power or authority. 

Magistrates are public officers whose duty it is to administer 
the laws. The President is the chief magistrate of the nation. It 
is his duty to see that the laws of the United States are executed 
or carried out. The governor is the chief magistrate of the State ; 
the mayor is the chief magistrate of the city. Judges are magis- 
trates who preside in the courts and administer the law as applying 
to the cases brought before them. 



10 VIRGINIA CIVIL GOVERNMENT. 

Trustees are persons who hold or have charge of the property 
of others in trusty and as guardians, for those to whom it belongs. 
Magistrates hold their offices as trustees for the people, and they 
are amenable, that is, answerable, to the people. If they do not 
perform the duties of their offices honestly, the people can call 
them to account and punish them. 

A free government is a government instituted, that is, estab- 
lished, by the consent of the people. The government of the 
United States is a free government, because it has been estab- 
lished by the people, and the people can change it w^hen they please. 

" Government ought to be established for the common benefit.^'' 
This means that government ought to be for the benefit of all the 
people, poor as well as rich, and under a free government all the 
people have equal protection from the law. 

Fundamental principles are principles or truths according to 
which, or upon which, systems, or laws, or institutions, are 
founded. The fundamental principles of free government are 
that all men are born equal, and that all men have equal rights 
to life and liberty. 

Recurrence means a going back to. AVe must frequently recur, 
or go back to, fundamental principles in order to preserve free 
government. We must also firmly adhere to, or practice justice, 
moderation, temperance, and virtue. 

Justice is the doing of what is right. Moderation means the 
avoiding of severity or harshness in our conduct towards others. 
Temperance is the moderate or reasonable use or enjoyment of 
the pleasures of life. Frugality is the practice of thrift and 
economy as opposed to extravagance. Yirtue is the practice of 
the moral good taught by religion. 

The constitution guarantees to the people the right to make 
and to change their own laws ; the right of speedy trial 
by jury ; protection in the enjoyment of their inherent 
rights ; freedom of elections ; freedom of speech ; free- 
dom of the press ; religious freedom ; equal civil and 
political rights and public privileges. 

It prohibits excessive bail^ excessive fines, the infliction of 
cruel and unusual punishments, and the taking 



GENERAL PRINCIPLES. 11 

of private property for public uses except by law and 
with just compensation. 

A constitution is a system or plan of government, or a written 
or printed statement of the principles and rules according* to 
which a government is to be conducted. The constitution tells 
how the government is to be formed, what it has power to do, 
and what it must not do. The Constitution of Virginia guaran- 
tees^ that is, secures or makes sure to the people, the right to make 
or change the law^s. A government under a constitution is called 
a constitutional government. 

Trial by jury is trial by a judge and certain citizens who are 
called the jury. The duty of the judge is to see that the trial is 
conducted according to law, and to pass sentence on the accused 
person if found guilty. The duty of the jury is to decide, after 
hearing the evidence, whether the accused person is guilty or not. 
This declaration of the jury is called a verdict, sl word which 
means a true saying. 

Inherent means inseparable from, or not to be taken away. 
InhereJit rights are rights that cannot justly be taken away from 
the people. The right to life and liberty is an inherent right of 
man which cannot be taken away by any constitution or govern- 
ment. 

Freedom of elections means freedom to hold elections to 
choose the officers of government, and freedom for every citizen 
to vote for the candidate of his choice. Freedom of speech and 
freedom of the press mean liberty for all to speak or publish w^hat 
they desire to say on any subject, being liable to punishment by 
law if they speak or publish anything injurious to the reputation 
of others. Religious freedom means liberty to belong to any 
religion, or to w^orship God in any way that one thinks proper. 

Civil rights are the rights a man is entitled to as a member of 
the community, such as the right to trial by jury, the right of 
freedom of speech. 

Political rights are the rights that belong to men as citizens, 
such as the right to vote, the right to be candidates for public 
office. 

Public privileges are benefits or advantages possessed by some 
and not by others, such as charters to corporations or licenses to 



12 VIRGINIA CIVIL GOVERNMENT. 

carry on certain kinds of business. For example, a license to sell 
liquors is a public privilege. It is not for the public good that 
it should be given to everybody, but the Constitution guaran- 
tees that under necessary restrictions as to the number of such 
licenses granted, all citizens shall have equal rights to such 
privileges. 

Private property is property that belongs to private indi- 
viduals. It may be taken for public use when necessary. If a 
government building has to be erected or a railroad made, the 
land required for the purpose may be taken from the owner, but 
a just price must be paid for it. 

Who May Vote and Hold Office. Every male citizen of 
the United States, who is 21 years old^ who has been a 
resident of the State two years, of the county, city, or 
town one year, and of the precinct in which he offers to 
vote thirty days next preceding any election, has been 
registered and has paid his state poll taxes, shall be 
entitled to vote ; except idiots and lunatics, persons con- 
victed after the adoption of the constitution of bribery 
in any election, embezzlement of public funds, treason, 
felony, or petit larceny, obtaining money or other prop- 
erty under false pretences, or who have been in any way 
concerned in a duel. 

All persons entitled to vote shall be eligible to any office 
within the gift of the people, except as restricted by the 
constitution. 

Excepting the requirements of residence in the voting pre- 
cinct, payment of poll tax and registration, the .qualifica- 
tions of jurors are practically the same as those of voters. 

A citizen is a native of the United States or a foreigner who 
has been made a citizen. To be made a citizen, a person must, 
at least two years before admission, make a declaration before a 
judge that it is his intention to become a citizen of the United 
States, and to renounce allegiance to all foreign powers or princes. 



GENERAL PRINCIPLES, 13 

Having so declared his intention, and after residing five years in 
the United States, he must declare on oath before a judge that he 
renounces allegiance to all foreign powers, and that he will sup- 
port the Constitution of the United States. He then receives a 
paper or document certifying that he is a citizen. The paper is 
called a naturalization paper, and the person who receives it is 
said to be naturalized, because it entitles him to all the rights 
and privileges of a native or natural-hovn citizen of the United 
States. 

Convicted means tried in a public court for a crime and found 
guilty. Bribery in elections is buying or selling votes, or giving 
money or payment in any form to a voter for voting for any can- 
didate. Embezzlement is the crime a person commits who takes 
for his own use the money or property of others that has been 
entrusted to his care. Treason is to make war against or try to 
overthrow or destroy the government of one's own country. 
Felony is a crime that may be punished by death or imprison- 
ment in state prison. Petit larceny is the stealing of goods of 
small value. 

Every voter is required to be registered. This is a most impor- 
tant proceeding, as it insures the purity of the ballot and the 
intelligent exercise of the right of franchise. 

Elections. Shall be by ballot ; for State, county, corpora- 
tion and district ofl&cers, shall be held the Tuesday after 
the first Monday in November ; except for mayors and 
councils of cities and towns, which shall be the second 
Tuesday of June. 

State executive officers elected at a general election shall 
enter upon the duties of their respective offices the first 
of February next thereafter ; members of the House of 
Delegates and all county, corporation, and district offi- 
cers on the first of January, and Senators on the second 
Wednesday in January next thereafter ; and mayors and 
councils of cities and towns on the first of September 
next succeeding their election. State executive officers 
elected by the General Assembly enter upon their duties 
the first of March following their election. 



14 VIRGINIA CIVIL GOVERNMENT, 

They shall continue to discharge the duties of their 
respective offices until their successors shall have 
qualified. 

The ballot is the printed list containing the names of all the 
candidates to be voted for at an election. The places where the 
people vote are called polls, and they are kept open for one day — 
from sunrise to sunset. At the polls there are officers called 
judges or clerks of election. When the voter goes to the poll on 
election day, one of the judges hands him a ballot. With the 
ballot he goes alone into a small compartment or booth , v^here 
there is a desk with a pencil or pen and ink. There he draws a 
mark with the pen or pencil through the names of the candidates 
he does not wish to vote for, leaving the names of the candi- 
dates he votes for unmarked. He then folds up the ballot, 
with the names of the candidates on the inside, and hands it 
to one of the judges, who drops it into a box, where it remains 
until the votes are counted after the poll closes. The candidates 
who receive the highest number of votes are declared elected. 
This is done by the Board of State Canvassers (which see) . 

State officers are officers elected by the voters of the whole 
State. The governor, the lieutenant-governor, and attorney-gen- 
eral are State officers. 

A corporation is a body or number of persons formed and 
authorized by law to carry on business under one name as a 
single person. Banks and railroad and manufacturing companies 
are corporations. They are called private corporations because 
the business they do is for the benefit of private individuals. 
The people of cities and towns have power by law to carry on 
the government of their cities and towns as corporations. They 
are called public corporations because they are formed for the 
purpose of government, and act for the whole people (see un- 
der Government of Cities and Towns). 

Qualified, with regard to State officers, means having taken 
the oath of office. The Constitution requires that every person, 
before entering upon the discharge of any functions as an officer 
of the State, must solemnly swear or affirm that he will support 
and maintain the Constitution and laws of the State of Virginia, 
and that he will faithfully perform the duty of the office to 



GENERAL PRINCIPLES. 15 

which he has been elected. To take this oath is to qualify for 
the office. 

The State is entitled to two U. S. Senators and ten Kepre- 
sentatives in Congress^ and to twelve votes for President 
and Vice-President in the Electoral College. 

The Electoi^al College is the name given to the body of persons 
who elect the President and Vice-President of the United States. 
At a presidential election, which takes place every four years, the 
people do not vote directly for the candidates who have been 
nominated for President and Vice-President. They vote for per- 
sons nonnnated to be electors^ and each State has the right to 
choose as many electors as it has senators and representatives in 
Congress. Virginia has two senators and ten representatives in 
Congress, therefore at the presidential election it chooses twelve 
electors. This is what is meant by saying that it has twelve votes 
in the Electoral College. 

The members of the Electoral College do not meet all together 
to elect the President and Vice-President. The electors of each 
State meet in the capital of their own State in January after they 
are elected, and vote by ballot for President and Vice-President, 
after which they send lists to the President of the United States 
Senate showing how they have voted. Those lists are examined 
in the Senate and the votes counted. Then the candidates who 
have received the votes of a majority of the Electoral College are 
declared elected. 



QUESTIONS. 

1. From whom are the powers of government derived ? 

2. What are magistrates ? 

3. For what is government instituted ? 

4. What are fundamental principles ? 

5. What is the Bill of Rights ? 

6. What is a constitution ? 

7. What is trial by jury ? 

8. Tell what you understand by freedom of elections, freedom of 
speech, freedom of the press, and religious freedom. 



16 VIRGINIA CIVIL G0VERN3IENT, 

9. Tell the difference between civil rights and political rights. 

10. What are public privileges ? 

11. What is involuntary servitude ? 

12. Define private property, 

13. Who is entitled to vote, and who is eligible to office ? 

14. What is a citizen ? 

15. How may one become a citizen ? • 

16. Define the terms hrihery^ embezzlement, treason, felony, petit 
larceny, snidi duel, 

17. What are jurors ? 

18. When are the elections for State officers held ? 

19. How are elections conducted ? 

20. Define ballot, polls, and booth, 
. 21. What are State officers ? 

22. What is a corporation ? 

23. What is the meaning of qualified f 

24. How many senators and representatives in Congress is the State 
entitled to ? 

25. How many votes is the State entitled to in the Electoral College ? 

26. What is the Electoral College ? 

27. How do the electors choose the President and Vice-President of 
the United States ? 



11. 

LEGISLATIVE DEPARTMENT. 

The legislative power of the commonwealth is vested in a 
General Assembly consisting of a Senate and House of 
Delegates. 

Legislative power is the power to legislate or make laws^ 
hence the General Assembly is the legislature of Virginia. 
Commonwealth, which means common well-being, or common 
good, is a name sometimes given to a State or country which 
has a republican form of government — that is, a government in 
which the people are the supreme power, and in which all the 
people have common (that is, equal) interests and common 
rights. Consisting means formed or made up of. 

A delegate is a person appointed or elected by others to do 
business for them as their representative. The members of the 
House of Delegates are elected by the people of the State to rep- 
resent and act for them in the business of making laws. 

The Senate. 



Number. There are forty Senators, from thirty-nine sena- 
torial districts. The Lieutenant-Governor is the pre- 
siding officer. 

Elected. By the people ; one-half being chosen every two 
years until the general election in 1907. At that time, 
and every four years thereafter, the entire senate will be 
chosen at one time for a term of four years. 

Qualifications. A Senator must be an actual resident of the 
district for which he is elected ; must be legally qualified 
to vote for members of the General Assembly ; must 
hold no salaried office under the State government. 
3 



18 VIRGINIA CIVIL GOVERNMENT. 

Powers. Shall select its own officers ; choose from its own 
body^ in the absence of the Lieutenant-Governor, or when 
he exercises the office of Governor, a president pro tem- 
pore; confirms or rejects nominations ; has sole power to 
try impeachment. 

Senatorial districts are the districts into v^hich a State is 
divided for the election of senators. There are thirty-nine dis- 
tricts in Virginia, and each of them elects one senator, except the 
district formed of Richmond and the County of Henrico, which 
elects two. Presiding officer is a person who presides or acts as 
president or chairman in any assembly or meeting. 

A candidate for the Senate must be legally qualified to vote for 
members of the General Assembly. This means that he must be a 
citizen of the United States, a resident of Virginia for two years, 
and have the other legal qualifications of voters as required by 
the Constitution. 

Pro tempore is a Latin phrase meaning for the time — that is, 
for a short time or temporarily. The Senate elects one of its own 
members to preside pro tempore if the lieutenant-governor hap- 
pen to be absent, or when he is called upon to act as governor. 
(See under Powers and Duties of governor, page 28.) The Sen- 
ate has the power to confirm or reject nominations. Many pub- 
lic officers of the State are appointed by the governor, but when 
he nominates or names a person for a public office he sends the 
nomination to the Senate, and it may confirm — that is, approve 
of — the nomination, or it may reject it. If it should reject the 
nomination, the person nominated is not appointed. 

Impeachment means a charge of dishonesty or serious neglect 
of duty made against a public official. In an impeachment it is 
the House of Delegates which must make the charge and act as 
prosecutor, but it is the Senate which must try the case and pass 
sentence on the accused, if proved guilty. 

House of Delegates. 

Number. Composed of one hundred members apportioned 
by statute among the counties and cities of the State. 



LEGISLATIVE DEPARTMENT, 19 

Elected. By the people for two years. 

Qualifications. Same as for Senators. 

Powers. Elects its own Speaker and all other officers ; im- 
peaches State officers, and prosecutes them before the 
Senate. The Clerk of the House of Delegates is also 
Keeper of the Eolls. 

Apportioned means divided or distributed or allotted. K statute 
is any law, but the w^ord is most commonly understood to mean 
a law made by a legislature representing the people. The num- 
ber of delegates appointed to the counties and cities — that is, the 
number w^hich each is entitled to elect — is decided by statute in 
proportion to the number of inhabitants. 

The chairman of the House of Delegates is called the speaker. 
The same title is given to the presiding officer of the lower house 
in nearly every legislature in English-s]3eaking countries. 

The rolls are the statutes in tcritten form as passed by the As- 
sembl}^. A law when proposed in the Assembly is called a bill. 
To become a statute a bill must be voted on and have a majority 
three times in the House of Delegates and three times in the Sen- 
ate and be signed by the governor. Then it is an act, or a 
statute, or a law. The copy signed by the governor is an en- 
grossed or w^ritten copy, and the official copies of the law^s so 
engrossed are the rolls, and are preserved by the keeper of the 
rolls, w^ho is the clerk of the House of Delegates. 

General Assembly. (Senate and House jointly.) 

Sessions. Biennial. Beginning the second Wednesday in 
January of every even year, and continuing sixty days. 
The session may be extended not exceeding thirty daj^s. 
It may be convened in special session by the Governor. 

The Senate and House of Delegates jointly — that is, both to- 
gether — are called the General Assembly. Sessions means sit- 
tings or meetings for business, and biennial means happening 
once every two years. The General Assembly meets once every 



20 VIRGINIA CIVIL GOVERNMENT, 

two years, and it does business for sixty days. If the business 
necessary to be done require more time, the session may be ex- 
tended — that is, lengthened — thirty days. A special session is a 
session convened — that is, called to meet — for some special or 
particular business. The governor may convene such a session 
whenever he thinks it necessary. 

Powers. General powers of legislation under the constitu- 
tion. Elects U. S. Senators, County and City Electoral 
Boards, Auditor of Public Accounts, Second Auditor, 
Eegister of the Land Office, Superintendent of Public 
Printing, the Judges of the Commonwealth; decides 
contests in the election of Governor and Lieutenant- 
Governor ; confirms or rejects nominations of certain 
officers made by the Governor, the State Board of 
Education^ etc. 

Powers means what the General Assembly has power to do. 
Legislation is the making of laws. The Assembly has powers of 
general legislation under the constitution — that is, of making all 
such laws as the constitution directs or does not forbid. (Ex- 
planations are given later on as to the boards and officers men- 
tioned here which the General Assembly has power to elect.) 

Contests — that is, disputes or differences — may occur in the 
election of governor and lieutenant-governor. There may be 
contests as to counting of votes or as to the qualifications of 
candidates. Such contests are decided by the General Assembly. 

Membership. Each house settles its own rules of proceed- 
ing ; is judge of the election, qualification, and returns 
of its members. Members are not subject to arrest under 
any civil process during the session of the General Assem- 
bly, nor for fifteen days next before the convening, and 
after the termination of each session ; are privileged 
from arrest in all cases during the session, except for 
treason, felony, perjury, breach of the peace, or a con- 
tempt of court of a criminal nature. 



LEGISLATIVE DEPARTMENT. 21 

What is meant by each house being judge of the election^ 
qualification^ and returns of its ^nembers is, that it can decide 
whether the members are legally elected and qualified. Returns 
are the particulars as to names of candidates and the number of 
votes cast for each, which the election judges are required to make 
up after the close of the poll on election day. The qualifications 
necessary for a member of either house are as follows : he must 
be twenty-one years of age or over, and a voter of the State 
of Virginia, and he must reside in the district for which he is 
elected. 

Civil jyrocess is a law-proceeding in a case where no crime is 
charged, but such as for the recovering of a debt or for the settle- 
ment of a difference relating to business matters. Perjury is the 
crime of wilfully making a false oath. When a person appears 
as a witness in a court of law he has to take an oath that he will 
tell the truth. If after taking such oath he tells what he knows 
to be untrue, he is guilty of perjury. 

A breach of the peace is any act of violence which causes pub- 
lic disturbance, such as one person assaulting another and thereby 
causing a quarrel or riot. 

Contempt of court is disobedience to the orders or decrees or 
rules of a court of law. Insult or violence to a judge in court 
would be criminal conte^iUpt, 

Salaries. The President of the Senate and the Speaker of 
the House of Delegates, each, $400; and the other mem- 
bers, each, $240 for attendance and service at each regu- 
lar session ; at all extra sessions, the President of the 
Senate and Speaker of the House of Delegates shall 
receive, each, $240, and the other members, each, $120. 
Members are entitled to mileage. 
In addition to his salary each member of the Assembly receives 
ten cents per mile for expenses of traveling to and from the 
sessions of the Assembly. This allowance is called mileage. 

Bills may originate in either of the two houses. No bill 
shall become a law until it has been read on three differ- 
ent days in each house except by a vote of four-fifths of 
the members voting in each house. 



22 VIRGINIA CIVIL GOVERNMENT. 

Every bill which shall have passed the Senate and House of 
Delegates shall, before it becomes a law, be presented 
to the Governor ; if he approve, he shall sign it and it 
is then a law, but if not, he shall return it with his ob- 
jections to the house in which it originated ; who shall 
proceed to reconsider it. If after such consideration 
two-thirds of the members present shall agree to pass 
the bill, it shall be sent to the other house, by which 
it shall be reconsidered, and if approved by two-thirds 
of all the members present, it shall become a law, not- 
withstanding the objections of the Governor. 

He may also veto any particular item of an appropriation 
bill, but this item may also be passed over his veto by 
a two-thirds vote of both houses. 

If any bill shall not be returned by the Governor within five 
days after it shall have been presented to him, it shall 
be a law in like manner as if he had signed it. 

A hill is a draft or statement of a proposed law. A bill may 
originate in either house — that is, it may be first proposed in either 
the Senate or House of Delegates. Any senator or delegate who 
wishes to have a new law made must first put it in writing. 
Then he himself introduces or proposes it in the house of which 
he is a member, or it may be introduced by a committee. 

A committee is a number of persons, usually not a large 
number, appointed by a legislature or other body to take charge 
of and attend to some particular business. The members of the 
House of Delegates and of the Senate are divided into committees, 
and some special subject or business is entrusted to each. For ex- 
ample, in the Senate there are committees on Privileges and Elec- 
tions, Public Institutions and Education, and many other sub- 
jects ; and in the House of Delegates there are committees on 
Courts of Justice, Schools and Colleges, and other subjects. 

Usually proposals for new laws are referred for consideration 
to the committee having charge of the subject or business to 
which the proposed law relates. Committees in the Senate are 



LEGISLATIVE DEPARTMENT, 23 

elected by the senators themselves ; committees in the House of 
Delegates are appointed by the speaker. 

When a new law or bill is introduced it is either proposed by a 
committee, or by some member and given for consideration to a 
committee. In order to pass, it must be read three times on three 
different days (once each day) in the house in which it originates. 

The first reading is the formal placing or presenting of the bill 
before the house. At the second reading the bill is discussed, and 
any member who wishes to say anything for or against it is at 
liberty to do so. 

Amendments may also be proposed at the second reading. An 
amendment is an alteration or a change in the wording or matter 
of a bill. After an amendment is discussed the house votes upon 
it, and if a majority is for it, the change is made in the bill. 

When all amendments are discussed and voted on, a vote is 
taken on the bill as a whole, and if a majority of the members 
vote for it, it is read a second time. 

It is then engrossed, or written out, by the clerk of the house, 
and read a third time, after which a vote is again taken, and if 
there is a majority for it, ii passes the house. 

When the bill is passed in the house in which it originated, it 
is taken to the other house by the sergeant-at-arms. There it 
goes through the same forms of reading and discussion, and if it be 
read three times and have a majority in its favor it is passed. It 
is then enrolled, after which it is signed by the presiding officer 
in each house, and \vhen this is done it is sent to the governor 
for his signature. 

The sergeant-at-arms is an officer whose duty it is to preserve 
order in the chamber where the sessions of either house are held, 
to distribute among the members any papers or documents they 
may require, and in general to perform such services as are 
necessary for the proper transaction of business. Each house has 
its own sergeant-at-arms. 

(For enrolling^ see under House of Delegates, page 19.) The 
requirements with regard to a bill after it is sent to the governor 
are stated in the text above. (For the veto power of the governor, 
see page 28.) 



24 VIRGINIA CIVIL GOVERNMENT. 

QUESTIONS. 

1. In whom is the legislative power of the commonwealth vested? 

2. What is the legislative power? 

3. Define commonwealth. 

4. What is a delegate ? 

5. How many members constitute the Senate ? 

6. What are senatorial districts, and how many are there in the State? 

7. Who is the presiding officer of the Senate? 

8. For how long are senators elected? 

9. What are the qualifications of a senator? 

10. What are the powers of the Senate ? 

11. What does impeachment mean? 

12. Who tries a case of impeachment? 

13. How many members of the House of Delegates? 

14. Define statute. 

15. For how long are members of the House of Delegates elected? 

16. What are the qualifications of delegates? 

17. What are the powers of delegates? 

18. Define apportioned. 

19. What is the chairman of the House of Delegates called? 

20. What are the rolls, and by whom are they kept? 

21. What does the General Assembly consist of ? 

22. How often are the sessions of the General Assembly held? 

23. What is a special session? 

24. What are the powers of the General Assembly? 

25. What officers does it elect? 

26. What is legislation? 

27. What are contests in elections of governor and lieutenant-governor, 
and who decides them? 

28. What is meant by each house being judge of the election, quali- 
fications, and returns of its members? 

29. What are election returns ? 

30. Define civil process. 

31. What is perjury? 

32. What is contempt of court ? 

33. What are the salaries of the officers and members of the Assembly? 

34. What is mileage? 

35. What is a bill? 

36. Tell how a bill becomes a law. 

37. What is a committee? 

38. Define amendment. 



III. 

EXECUTIVE DEPARTMENT. 

Governor. 

Elected. By the people for four years. Must reside at the 
seat of government during his term of office ; not eligible 
for the next succeeding term. Salary, $5,000 a year. 
He shall receive no other emolument from this or any 
other government. 

The seat of government is the city or town in which the Legis-^ 
lature holds its sessions. Eichmond is the seat of government of 
the State of Virginia. Term is the period of time for which a 
public officer is elected. The term of the governor is four years. 
He is not eligible — that is, he cannot be elected — for the next suc- 
ceeding term — that is, he cannot be governor for two terms, one 
immediately following the other. Emolument is salary or com- 
pensation or pay. 

Qualifications. Must be at least thirty years of age ; must 
be a citizen of the United States ; must have been for 
the five years next preceding his election a resident of 
the State. If of foreign birth, he must have been a citi- 
zen of the United States for the ten years next preceding 
his election. 

Foreign birth means birth in any country outside the United 
States. But the children of American citizens are citizens of the 
United States, even though they have been born in another 
country. 



26 VIRGINIA CIVIL GOVERNMENT, 

Powers and Duties. The chief executive officer of the 
commonwealth ; shall take care that the laws are faith- 
fully executed ; shall communicate to the General As- 
sembly, at every session, the condition of the common- 
wealth, and recommend such measures as he may deem 
expedient ; may call special sessions of the General As- 
sembly ; shall be Commander-in-Chief of the Land and 
Naval Forces of the State ; may embody the militia to 
repel invasion, suppress insurrection, and enforce the 
execution of the laws ; shall conduct all intercourse with 
other and foreign states ; may fill temporarily, during 
the recess of the General Assembly, all vacancies in those 
offices for which the constitution and laws make no pro- 
vision ; may remit fines and penalties, grant reprieves 
and pardons, remove political disabilities, and commute 
capital punishment ; shall attest all commissions and 
grants ; signs or vetoes bills passed by the General 
Assembly. 

The governor is the chief executive officer. He is called chief 
because he is the highest public officer of the State, and executive 
because it is his duty to execute or carry out the laws. It is also 
his duty to send what is called a message to each session of the 
General Assembly. The message is a letter or statement in which 
he communicates to the Assembly full information as to the con- 
dition of the State, and recommends such measures — that is, such 
new laws — as he thinks necessary. 

Militia is a body composed of citizens enrolled and trained as 
soldiers for the defence of the State. All able-bodied male per- 
sons between the ages of eighteen and forty -five years may be 
called to serve in the militia. Naval forces are military forces 
or militia that serve on sea. 

Invasion is the entrance into a State of a military force from 
another country for the purpose of conquest. To repel invasion 
is to oppose it by force, to drive off the invaders. Insurrection is 
a rising or rebellion of people in a State against the government 
of their own State. It is the duty of the governor to suppress — 



EXECUTIVE DEPARTMENT, 27 

that is, to put down — insurrection, and to enforce the execution 
of the laws — that is, to carry out the laws by force if necessary. 
Intercourse is correspondence with others by letter or message. 
^Vhen it is necessary to have intercourse with another State or a 
foreign country, the governor, as the chief executive and highest 
representative of the people, is the person who conducts such 
correspondence. 

The recess of the General Assembly is the time when it is not 
in session. During recess of the Assembly, the governor may fill 
vacancies in public offices for which the Constitution and laws 
make no provision. For example, the Constitution and laws 
make no provision for the appointment of judges during the 
recess of Assembly ; therefore, if a judge dies during the recess, 
the governor appoints a person to fill the vacancy until the 
Assembly meets and elects a new judge. 

A fine is a penalty or punishment in the form of payment of 
money. Sometimes a person convicted of an offence against the 
law is ordered by the judge to pay a sum of money instead of 
being sent to jail. This is called a ^?16. But it may happen that 
the person is convicted by mistake or by false evidence, or that 
the fine is too heavy for the person to pay. In such cases the 
governor may remit tlie fines — that is, release or free the persons 
from having to pay. 

The governor may also grant reprieves and j^ctrdons if he sees 
good reason for doing so. A reprieve is a delay of punishment. 
When a person is convicted of murder, the judge sentences him 
to be put to death on a certain day. But there may be reason for 
further inquiry into the case, and to give time for such inquiry 
the governor may postpone the execution of the sentence — that 
is, put it off to another day. This is called a reprieve. If the 
further inquiry should prove that the person is innocent, a full 
pardon is granted and the person is set free. 

Political disabilities are punishments which deprive persons 
of certain rights of citizenship. A citizen convicted of bribery in 
an election, embezzlement of public funds, treason, felony, or 
petit larceny, is by the law of Virginia deprived of the right of 
voting. This is a political disability. The person convicted is 
legally disabled to vote. The governor may remove the dis- 
ability, and this restores to the person his right of voting. The 



^8 VlRGtNlA CIVIL GOVERNMEIstT. 

governor may also commute capital punishment. To commute 
is to change^ and capital punishment is the punishment of death 
— the punishment inflicted on persons convicted of murder. The 
governor may order that instead of being put to death the con- 
vict be imprisoned for life, or for a number of years. (A convict 
is a person convicted or found guilty of crime.) 

The governor shall attest all commissions and grants. To 
attest is to certify, or bear witness to, and a commission is a 
written paper giving power or authority to some person or 
persons to perform a public duty. When a judge is elected he 
receives a commission authorizing him to act as such, and the 
governor attests the commission by signing his name to it. 
Grants or gifts, such as grants of public lands or money for 
educational or other public objects, are also made in writing, and 
must be attested by the governor. (Commissions and other im- 
portant papers must have upon them an impression of the seal 
of the State. The seal is a circular piece of metal made like a 
medal or large coin and bearing on each side certain figures and 
mottoes. The impression of the seal shows that the paper has 
been officially attested or certified.) 

The veto power is one of the most important powers possessed 
by the governor. When a bill is passed by the General Assembly 
it is sent to the governor for his signature. If he sign it — that 
is, writes his name upon it — it is then a law. If he veto the bill, 
or any item contained in it appropriating money, the bill, or 
such part of it as is vetoed, cannot become a law until it is again 
passed by a two- thirds vote of both houses. (Veto is a Latin 
word meaning I forbid.) 

In case the Governor dies, or is in any way incapacitated for 
performing the duties of his office, the Lieutenant-Gov- 
ernor shall act ; and in case of the inability of both, the 
President ;:>7^o tempore of the Senate shall act. 

Incapacitated for ofiice means legally disqualified. The gov- 
ernor would be incapacitated if he should refuse to qualify by 
taking the necessary oath, or if he should reside out of the State, 
or if he should be convicted on impeachment. 



EXECUTIVE DEPARTMENT, 29 

Lieutenant-Governor. 

Elected. At the same time and for tlie same term as the 
Governor, and his qualifications and the manner of his 
election in all respects shall be the same. 

He shall be the President of the Senate, but shall have no 
vote, except in case of an equal division. 

For the same term means for the same length of time. The 
governor is elected for four years. That is his term of office. 
The term of the lieutenant-governor is the same. 

An equal division is an equal number voting for and against 
the same proposal. If a bill is proposed in the Senate and twenty 
senators vote for and twenty against it, that is an equal division. 
In such case, and in no other case, the president votes. He may 
vote on either side he pleases, and his vote is called a casting 
vote, 

Attorney-General. 



Elected. By the people for four years. Salary, $2,500 and 
mileage. 

Duties. Shall give his opinion and advice when required to 
do so by the Governor, or by any of the public boards 
and officers at the seat of government ; shall appear as 
counsel for the State in all cases in which the common- 
wealth is interested, depending in the Supreme Court of 
Appeals, the Supreme Court of the United States, the 
District and Circuit Courts of the United States for the 
State of Virginia, and shall discharge such other duties 
as may be imposed by the General Assembly. Member 
of the State Board of Education. 

An attorney is a person who acts for and in the place of another. 
The word is usually applied to a lawyer who is employed by 
another to act for him in any law business he wishes to have 
done. An attorney who appears in a court of law and acts or 



30 VIRGINIA CIVIL GOVERNMENT. 

defends a person, or acts against a person accused of crime, is 
called a counsel. 

The attorney -general is a lawyer who is elected to do law 
business for the State. He must appear in court as counsel for 
the State in every case in which the commonwealth (meaning the 
Avhole people) is interested. The commonwealth is interested in 
every case of crime, because it is for the interest or well-being of 
the people that those who commit crime should be punished. If 
this were not done — if criminals, persons who commit murder or 
burglary or theft — were not arrested and punished, no man's life 
or property would be safe. The attorney-general must appear 
and act for the commonwealth in any of the courts above men- 
tioned whenever there is a case in any of them in which the 
people of the State are interested. 

Depending or pending with reference to a case means that the 
case is in court waiting to be tried or decided. (For information 
as to Supreme Court of Appeals and Circuit Court of the City of 
Richmond, mentioned above, see under Judiciary Department.) 

The Supreme Court of the United States is the highest court of 
the United States. Its members or judges are appointed by the 
President and hold office for life, and it sits at Washington and 
tries cases in which any person or persons are accused of violating 
the Constitution of the United States. The members of the dis- 
trict and circuit courts of the United States are also appointed by 
the President. These courts sit in various districts of States, and 
try cases in which persons are accused of violating the laws of the 
United States — that is, the laws made by Congress. 

The word circuit means a going round. A district in which 
the same judges go round at certain times and hold courts in sev- 
eral places is called a circuity and the courts so held are called 
circuit courts. 



QUESTIONS. 

1. For how many years and by whom is the governor elected ? 

2. Where must the governor reside ? 

3. Is the governor eligible for a second term ? 

4. What is the governor's salary ? 
5. . What is the seat of government ? 



QUESTIONS. 31 

6. What qualifications are necessary in a candidate for governor ? 

7. Mention some of the powers and duties of the governor. 

8. Why is the governor called the chief executive officer ? 

9. What is the governor's message ? 

10. What is the militia ? 

11. Define 7iaval forces, invasion, insurrection, 

12. What is a fine ? 

13. What is a reprieve ? 

14. What are political disabilities ? 

15. What is capital punishment ? 

16. Define commissions and grants. 

17. What is the veto power ? 

18. When does the lieutenant-governor act as governor ? 

19. In case of the inability of both the governor and lieutenant-gov- 
ernor, who acts as governor ? 

20. How is the lieutenant-governor chosen ? 

21. What are the qualifications of the lieutenant-governor ? 

22. Does the lieutenant-governor ever vote in the Senate ? 

23. What is an equal division ? 

24. What is an attorney ? 

25. For how long is the attorney-general elected ? 

26. What is his salary ? 

27. What are his duties ? 

28. What are circuit courts ? 



IV. 
EXECUTIVE DEPARTMENT— Continued. 

Secretary of the Commonwealth . 

Elected. By the people at the General Election for a term 
of four years. Salary, $2,500. 

Duties. Shall keep a record of all executive acts ; shall attest 
the signature of the Governor on all official documents ; 
shall keep the seals of the commonwealth ; shall arrange 
and preserve all records and papers belonging to the 
Executive Department ; shall be charged with the 
clerical duties of that department, and render the Gov- 
ernor such services as he may require in the dispatch of 
executive business ; shall be general librarian, and have 
charge of the library fund ; shall receive and transmit 
election returns directed by law to be sent to him, and 
keep a record of the certified statements and determina- 
tions of the Board of State Canvassers ; issue certificates 
of election ; collect tax on State seal ; keep on file the 
reports of other departments and make and record a 
summary of each ; record all charters of incorporation ; 
shall make quarterly reports to the Governor. 

Commissions are fees or payments for certain work done. The 
secretary of the commonwealth may charge fees for making out 
copies of any public papers or documents kept in his office, or for 
issuing commissions (letters of appointment) to certain public 



EXECUTIVE DEPARTMENT— CONTINUED. 33 

officers. The person who receives the copy or commission must 
pay the fee. 

A record is a written account or description of any business or 
work done. Executive acts are official acts of the governor. 
The secretary of the commonwealth must make records of such 
acts and preserve them in his office. He must sign his own name 
after the signature of the governor on all official documents. 
This is called attesting the signature. 

There are two seals of the commonwealth. One is called the 
great seal, and the other the lesser seal. (For form and descrip- 
tion of seal, see under Poivers and Duties of goveruor, page 28.) 
The great seal is much larger in size than the lesser. It is affixed 
to documents signed b}^ the governor which are to be used for 
purposes outside the jurisdiction of the State, or, for example, in 
a United States court, or in another State or foreign country. 
The lesser seal is affixed to public documents signed by the gov- 
ernor which are issued for use within the State. 

Clerical duties are the duties of writing letters, records, and 
other papers or documents. A general librarian is one who has 
general charge or control of a library. The library fund is the 
books and maps belonging to the State. These are kept in the 
State library at the capital, and the secretary of the common- 
wealth is the librarian. 

Election returns when made up by the judges of election are 
sent to the commissioners of elections and afterwards to the 
Board of State Canvassers. The board determines and decides 
who have been elected, and the secretary must keejJ a record of 
the Board's deterniinatio)LS. 

After the election returns are examined by the State board, the 
secretary makes out certificates of election for certain State 
officers elected at the polls. The certificate is a paper certifying 
or stating that the person has been elected. There is a tax or 
charge on the use of the State seals on certain documents, and this 
tax is collected by the secretary of the commonwealth. The 
secretary must keep on file — that is, x^reserve— in his office the 
reports of other public departments of the State, and make a sum- 
mary, or sketch, of the contents of each. 

A charter of incorporation is a paper or document granted by 
the General Assembly, and giving power to a number of persons 

8 



34 VIRGINIA CIVIL GOVERNMENT. 

to carry on business as a corporation, or to the people of a town 
or city to carry on the business of government within their own 
districts. 

Treasurer. 

Elected. At the General Election for term of four years. 
Salary^ $2^000 and commissions allowed by law. 

Duties. Shall receive and disburse^ only upon a warrant 
from the proper Auditor, all moneys paid into the 
Treasury of the State ; shall pay interest on certain 
bonds as they become due and payable ; shall be the cus- 
todian of bonds held by the Commissioners of the Sink- 
ing Fund, and of bonds dep^osited by foreign express 
and insurance companies doing business in the State ; 
shall make quarterly and annual reports to the Gov- 
ernor. 

The treasure)' is the person who receives and takes charge of 
money belonging to the State. The building in which the money 
is kept and in which the treasurer has his office is called the 
treasury. The treasurer also disburses money. To disburse is 
to pay out, and the treasurer cannot disburse without a warrant 
from the auditor (see next section). 

The warrant is a writing giving the treasurer power to pay 
money. The treasurer pays the interest on State bonds. A bond 
is a written paper by which a person binds or pledges himself to 
pay a certain sum of money before a certain day. Sometimes the 
government has to borrow money, and when it does so it issues 
bonds to the persons who loan the money. In these bonds the 
government binds itself to pay the money by a certain time, and 
to pay a certain amount every year as interest until the xDrincipal 
(the full amount borrowed) is paid back. 

The sinking fund is money set apart at certain times to pay 
the debts due by the government. It is in charge of officers 
called commissioners. These commissioners hold bonds for 
debts due to the government on account of the sale of public 
lands, and the interest of the State in railroads and other corpora- 
tions. Express companies and insurance companies whose head^ 



EXECUTIVE DEPABT3IENT— CONTINUED. 35 

quarters are in foreign countries, and who do business in Vir- 
ginia, are required to give bonds to the State as security that their 
obligations to citizens of the State shall be honestly carried out. 

Auditor of Public Accounts. 

Elected. By the General Assembly for term of four years 
beginning on first day of March succeeding election. 
Salary, $4,000. 

Duties. Shall audit all pecuniary claims against the com- 
monwealth, except those chargeable to the Board of 
Education, Corporation Commission, or any corporation 
composed of officers of government, of the funds and 
property of which the State is sole owner ; shall settle 
with officers charged with collecting the revenues of the 
State ; shall issue warrants directing the Treasurer to 
receive money into the Treasury, and warrants upon 
the Treasurer in payment of all claims except those 
mentioned above ; shall report to the Superintendent 
of Public Instruction by September loth, in each year, 
ninety per cent, of the gross amount of funds applicable 
to public school purposes for the current year ; . shall 
make quarterly and annual reports to the Governor. 

An auditor is a person who audits or examines accounts or 
statements of the receipt and expenditure of money, to see that 
they are correct. 

Pecuniary claims are claims for the payment of money. Such 
claims made against the commonwealth are not paid until they 
are examined by the auditor of the public accounts. Claims that 
are chargeable — that is, to be charged — against the Board of Educa- 
tion, the Corporation Commission, or corporations of govern- 
ment officers, are not audited by the auditor of public accounts, 
but by the second auditor (see next section). To report ninety 
per cent, of the school funds is to state the amount to that extent 
that is ready to be apportioned or divided among the cities and 
counties for school use (see under sections Superintendent of 
Public Instruction and School Funds). 



36 VIRGINIA CIVIL GOVERNMENT. 

Second Auditor. 

Elected. By the General Assembly for four years from the 
first of March next succeeding election. Salary, $1,700 
and commissions allowed by law. 

Duties. Shall register all coupon and registered bonds and 
fractional certificates issued on account of the public 
debt, and all bonds redeemed and cancelled by the 
Commissioners of the Sinking Fund ; shall be the cus- 
todian of the books of the Commissioners of the Sinking 
Fund, and securities for money belonging thereto ; shall 
audit all claims on account of the Board of Education, 
Corporation Commission, and any corporation composed 
of officers of government, of the funds and property of 
which the State is sole owner; shall issue his warrant 
for all moneys received into the Treasury, or drawn out 
of it on account of these boards and corporations, 
the Sinking Fund and the Literary Fund ; shall make 
quarterly and annual reports to the Governor. 

To register bonds is to enter particulars of them in books kept 
for the purpose. Coupon bonds are bonds with interest coupons 
or certificates attached to them, and bearing no name, but pay- 
able to any person who presents the coupons at the treasury at 
certain times. Registered bonds are bonds bearing the name of 
the person who receives them, and payable to that person or any 
person to whom he may sell or transfer them. 

Fractional certificates are certificates or bonds issued for any 
fractional part of one hundred dollars of the public debt. All 
other bonds are issued for amounts of one hundred dollars or some 
multiple of a hundred. 

A bond is redeemed — that is, bought back — when it is received 
at the treasury or office of the sinking fund and the amount of it 
is paid to the holder. The bond is then cancelled. To cancel is to 
deface or destroy so that the paper or bond cannot be used again. 

A security is something given or deposited as a pledge that 
money loaned shall be repaid. Debts may be due to the sinking 
fund by railroad or other companies in which the State has an 



EXECUTIVE DEPARTMENT— CONTINUED. 37 

interest, and securities have to be given that such debts shall be 
paid. 

The literary fund was formed in 1810 from the sale of public 
lands, some of which had been possessed by the Church in colo- 
nial times. The fund has since been increased by the sale of 
lands given to the State by Congress for public school purposes, 
and by fines collected for offences committed against the State, 
and by donations made by private individuals. It is called the 
literary fund because it is used for purposes of education. 

Register of the Land Office. 

Elected. By the General Assembly for a term of four years 
from the first of March next succeeding election. Salfiry, 
$1,800. He is also Superintendent of Public Buildings. 

Duties. Shall issue grants to all purchasers of waste lands ; 
record all grants and patents, and furnish lists to the 
clerks of the county and corporation courts ; shall keep 
the records, documents, and entries of Northern Neck 
Lands, and of lands granted, or to be granted, by the 
Commonwealth ; shall have care of the public buildings 
and all other public property at the seat of government 
not placed in charge of others ; shall have control of 
Capitol Square ; shall trj^, prove, and seal weights and 
measures ; shall report semi-annually to the Auditor of 
Public Accounts. ' 

The land office is the office in which business connected with 
the sale or granting of public lands is conducted. This business 
is under the control of an officer called the register of the land 
office^ and public buildings in the State are under his care. He 
is also superintendent of weights and measures. At his office are 
kept weights and measures, provided by the State, to be furnished 
to counties and corporations as standards by which the weights and 
measures in business use throughout the State are tested. The 
State weights and measures are tried by the register once every 
t^m years, and when proved to be correct are marked with a seal. 



38 VIRGINIA CIVIL GOVERNMENT, 

In every county there is a sealer of weights and measures, who 
must examine, once every three years, the weights and measures 
in use throughout the county, to see that they are up to the 
standard. 

A patent is a government paper granting to some person or 
persons the sole right to any lands, privileges, or inventions. 

The Northern Neck was the name given in colonial times to the 
peninsula lying between the Rappahannock and Potomac Rivers. 

State Corporation Commission. 

Composed of three members appointed by the Governor, 
subject to confirmation by the General Assembly, for 
a term of six years each. Salary, $4,000 each. 

At least one of the Commissioners must have the qualifica- 
tions prescribed for judges of the Supreme Court of 
Appeals. 

Duties. Shall issue all charters or amendments thereof for 
domestic corporations and licenses to do business in the 
State to foreign corporations ; arrange for visitation, 
regulation and control of all corporations doing business 
in the State ; prescribe the forms of all reports and col- 
lect and preserve such reports. Shall control all trans- 
portation companies ; fix the amount of their taxes ; 
prescribe rates, charges and classifications of traffic and 
enforce the same. 

Has the powers and authority of a court of record to ad- 
minister oaths and compel attendance of witnesses, and 
all appeals from the Commission shall be to the Supreme 
Court of Appeals only. Shall make annual reports to 
the governor. 

The term corporation or company includes all trusts, associ- 
ations and joint stock companies having any powers or privileges 
not possessed by individuals or unlimited partnerships. Charter 
means the charter of incorporation under which any such cor- 
poration is formed. , 



EXECUTIVE DEPARTMENT^GONTINUED. 39 

A transportation company is any company or person engaged 
in the business of a common carrier. A transmission company 
includes any company or person owning and operating a tele- 
phone or telegraph line for hire. Public service corporations 
include transportation and transmission companies, gas, electric 
light, heat and power companies and all persons authorized to 
use or occupy any street or public place in a manner not per- 
mitted to the general public. 

Bonds are certificates of indebtedness issued by any corpora- 
tion and secured by a mortgage or trust deed. 

Domestic corporations are such as are chartered under the 
laws of Virginia. Foreign corporations are such as are incor- 
porated under the laws of some other state or country. 

The General Assembly may place under the control of the 
Corporation Commission divisions or bureaus of insurance, 
banking, etc. 

Every domestic and foreign corporation doing business in the 
state shall file in the office of the Corporation Commission an 
annual report as prescribed by law setting forth various facts 
regarding its business, and organization, the names of its offi- 
cers, its place of business and such other information as may be 
required by law. 

A corporation may be established for the transaction of any 
lawful business or to promote or conduct any legitimate object 
or purpose. 

Any number of persons not less than three may associate to 
incorporate a college, an alumni association, a literary society, 
a cemetery company or association, a fraternal benefit associ- 
ation, a fraternal association, society, order or lodge, a so- 
ciety for the prevention of cruelty to children or animals, a 
charitable or benevolent association, or social, hunting, fish- 
ing club, or any society, organization or association of a similar 
nature. 

A corporation may be limited as to duration to the time 
stated in its charter. But when no time is so limited it shall 
be perpetual, subject to the power of repeal reserved to the 
General Assembly. 

A corporation may sue and be sued in any court of law and 
equity. 



40 VIRGINIA CIVIL GOVERNMENT, 

With regard to railroads^ canals, and all transportation and 
transmission companies, the State Corporation Commis- 
sion has all the power and authority formerly belonging 
to the office of railroad commissioner ; examines them 
as to their condition, the causes of accidents, etc. ; re- 
quires changes and improvements ; contracts with them 
for the conveyance of convicts, lunatics, etc. 

Every railroad company in Virginia has a charter from the 
State, in which are stated certain conditions on which, in the 
interests of the people, they must carry on their business. It is 
the duty of the Commission to examine the railroads from time 
to time to see that they are operated in such a way that there 
shall be no danger to the people who travel upon them. 

To contract is to make an arrangement or a bargain for some 
work to be done. The Commission makes contracts with the 
railway companies for carrying convicts to prison from the place 
in which they are tried and convicted, and for carrying lunatics 
to the asylum or hospital in which they are to be confined. 

With regard to internal improvements in which the State is 
interested, the Commission has all the authority for- 
merly exercised by the Board of Public Works ; appoints 
State directors and State proxies for works in which 
the State is interested ; keeps a register of all property 
belonging to the State ; represents the State in relation 
to all corporations whether as a stockholder, creditor, 
mortgagor, or otherwise. 

Internal improvements are public works of various kinds for 
the improvement of the State, such as railroads, canals, high- 
ways. Money of the State may be invested in the capital of cor- 
porations carrying on internal improvements, and it is the duty 
of the Corporation Commission to watch and protect the in- 
terests of the State in such undertakings. 

For this purpose the Commission appoints directors and 
proxies to act in such companies. A proxy is a person ap- 
pointed as a substitute for another. Proxies are appointed to 
represent and vote for the State at meetings of corporations for 
internal improvements, in which the State holds stock. 



EXECUTIVE DEPAR TMEMT-^CONTlNUED. 41 

A toll is a charge made for passing certain canals, bridges, etc. 
The Commission has the power to fix the amount of toll when 
it is not specified in the charter of the canal or bridge company. 

Superintendent of the Penitentiary. 

Appointed. By the Board of Penitentiary Directors for 
term of four years. Salary, $1,600. 

Duties. Shall reside at the Penitentiary and be its chief 
executive officer ; shall have control and custody of the 
property of the Penitentiary ; shall employ a guard ; 
shall report quarterly to the Governor, and monthly and 
annually to the Board of Directors. 

The penitentiary is the State prison at Richmond in which 
persons convicted in the State courts are imprisoned. 

The guard is a body of men employed at the prison by the 
superintendent to prevent prisoners from escaping and to sup- 
press rebellion by the prisoners if attempted. The Board of 
Directors is the board or body of men who have the management 
of the penitentiary. They are also appointed by the governor. 

Superintendent of Public Printing. 

Elected. By the General Assembly for term of four years. 
Salary, $1,500. 

Duties. Must be a practical printer ; shall have the super- 
vision and management of the public printing and bind- 
ing of the Commonwealth ; shall report annually to the 
Governor, and biennially to the General Assembly. 

The numerous public departments and offices of the State re- 
quire to have a great deal of printing done. The acts passed by 
the General Assembly, the reports of public boards and of public 
officers, and the proceedings and decisions of some of the courts 
have to be printed and bound into books. It is the duty of the 
superintendent of public printing to make contracts for such 
work and all other printing and binding required for State pur- 
poses, and to see that it is properly done. 



42 VIRGINIA CIVIL GOVERNMENT, 

Commissioner of Agriculture and Immigration. 

Elected. By the people at the General Election for term 
of four years. Salary, $2,000. 

Duties. Subject to the Board of Agriculture and Immi- 
gration, he shall be the executive officer of the Depart- 
ment ; shall examine and test fertilizers, collect mining 
and manufacturing statistics, establish a museum of 
agricultural and horticultural products, woods and 
minerals of the State ; shall investigate matters pertain- 
ing to agriculture, the cultivation of crops, and the pre- 
vention of injury to them ; shall distribute seeds ; shall 
disseminate such information relating to the soil, climate, 
natural resources, markets, and industries of the State 
as may attract capital and induce immigration. 

It is the business of the Board of Agriculture and Immigration 
to promote the interests of farming throughout the State and to 
encourage the introduction of capital and immigrants into the 
State. The commissioner of agriculture is its executive officer. 
Statistics are statements of facts, usually accompanied by figures, 
showing the condition or progress of countries or peoples or 
industries. 

The mining and manufacturing statistics of the State tell 
how many mines and manufacturing establishments are open in 
the State, how much work they do, how many people they em- 
ploy, and give other important information regarding them. 

A cabinet of minerals is a collection of specimens of minerals, 
such as coal, ores, and metals. The commissioner of agriculture 
must keep in his office a collection or cabinet of samples or speci- 
mens of the minerals of Virginia, and the place where they are 
kept must be open to the public. 

He must also make arrangements for providing from foreign 
countries such farm seeds as he may think of value to the people 
of the State, and he must distribute them in a careful and judi- 
cious manner among the people. 



EXECUTIVE DEPARTMENTS-CONTINUED, 43 

Commissioners of the Sinking Fund. 

Composed of the Treasurer^ Auditor of Public Accounts, 
and the Second Auditor. 

For explanation of the sinking fund, etc., see under Treasurer 
and Second Auditor, pages 34-36. * 

Board of State Canvassers. 



Composed of the Governor, Secretary of the Commonwealth, 
Auditor of Public Accounts, Treasurer, and Attorney- 
General. 

Duties. Shall examine the certified abstracts of votes on 
file in the office of the Secretary of the Commonwealth, 
and make statement of the whole number of votes given 
at any General State election for certain State executive 
officers and for members of the Senate and House of 
Delegates, Eepresentatives in Congress, and electors of 
President and Vice-President of the United States, and 
determine what persons have been duly elected. 

The manner of voting at elections is explained on page 14, and 
the duty of the secretary of the commonwealth with regard to 
election returns is explained on page 33. The election returns, 
made up after the close of the polls on election day, are sent to 
the office of the clerk of the county or corporation in which the 
election is held. 

Election returns are the books containing the names of the 
candidates and the number of votes given for each. On the 
second day after the election the commissioners of election meet 
at the clerk's office and make out abstracts of the result of the 
voting and send them to the secretary of the commonwealth. 

An abstract is a paper containing the name of the person or 
candidate who has received the highest number of votes, and the 
number of votes received. Abstracts are made out for governor 
and lieutenant-governor, for attorney-general, for secretary, for 
treasurer, for superintendent of public instruction, for com- 



44 VIRGINIA CIVIL G0VERN3IENT, 

missioner of agriculture and immigration, for senators and dele- 
gates, for electors for President and Vice-President, for con- 
gressmen, and for county, district, and corporation officers voted 
for at the election. When the abstracts are made out they are 
certified and signed by the commissioners and attested by the 
clerk, who acts as clerk for the commissioners. 

To certify is to state or declare that anything is true or correct. 
The commissioners certify the abstracts that they are correct, and 
they sign their names upon them. They are then certified ab- 
stracts^ and certified copies of the abstracts for State officers are 
sent to the secretary of the commonwealth. These abstracts are 
examined in the office of the secretary of the commonwealth, by 
the Board of State Canvassers, who determine who are elected. 

The secretary of the commonwealth after recording the deter- 
minations of the commissioners makes out certificates of election 
for senators, delegates, congressmen, and State officers elected, ex- 
cept for the governor, lieutenant-governor, secretary, treasurer, 
and attorney-general. The certified abstracts of votes for these 
officers are transmitted to the speaker of the house of delegates 
by the secretary of the commonwealth, and the returns are 
opened and the votes counted and declared in the presence of 
the two houses of the general assembly within one week after 
the beginning of the session. 

State Board of Education. 

Superintendent of Public Instruction. 

For the State Board of Education and the State Superintendent 
of Public Instruction, see under Education, Chapter XL 

QUESTIONS. 

1. What is the term of office of the secretary of the commonwealth? 

2. What is his salary? 

3. Name some of his duties. 

4. Define commissions. 

5. Define executive acts. 

6. What are the seals of the commonwealth? 

7. What is a certificate of election? 

8. What is the term of office of the treasurer? 



EXECUTIVE DEPARTMENT— CONTINUED. 45 

9. What is his salary? 

10. What are his duties? 

11. Define warrant; bond. 

12. What is the sinking fund ? 

13. What is the term of office of the auditor of public accounts? 

14. What salary does he receive? 

15. What are his duties? 

16. What is the term of office of the second auditor? 

17. What does registering bonds mean? 

18. What are coupon bonds? Registered bonds? 

19. What are fractional certificates? 

20. What does redeeming a bond mean? 

21. What is the literary fund? 

22. What is the term of office of the register of the land office? 

23. What other offices does the register of the land office hold? 

24. Mention some of the duties of the register of the land office. 

25. What is the business of the land office? 

26. What are the duties of the superintendent of weights and measures? 

27. What is a patent? 

28. What are the duties of the superintendent of the penitentiary? 

29. What is the penitentiary? 

30. What are the duties of the superintendent of public printing? 

31. How is the commissioner of agriculture and immigration chosen 
and for how long? 

32. What salary does he receive? 

33. What is the business of the department of agriculture and im- 
migration? 

34. Define statistics. 

35. What do the mining and manufacturing statistics tell? 

36. How many members constitute the State Corporation Commission? 

37. How are they chosen? 

38. What are their qualifications? 

39. What are their duties? 

40. What are internal improvements? 

41. What are State depositaries? 

42. What are the duties of State directors and proxies? 

43. What are domestic corporations? 

44. Define foreign corporations. 

45. Who are the commissioners of the sinking fund? 

46. What are the duties of the commissioners of the sinking fund. 

47. What officers compose the Board of State Canvassers? 

48. What are the duties of the Board of State Canvassers? 



JUDICIARY DEPARTMENT. 

Supreme Court of Appeals. 

Composed of five judges chosen by joint vote of the two 
houses of the General Assembly. Term^ twelve years. 
Salary: President, $4,200; other judges, each $4,000. 
The judges shall not hold any other office or public 
trust ; shall not practice law. 

Qualifications of Judges. Must have held a judicial station 
in the United States, or have practiced law for five 
years. 

Sessions. Shall hold a session annually at Eichmond, 
Wytheville, and Staunton. 

The Judiciary Department is that part of government which 
is administered hj judges. All the courts of law in the State in 
which judges sit and hear and decide cases, or all the judges of 
the State regarded as one body, may be called the judiciary. 

The highest court in the State is the Supreme Court of Ap- 
peals. It has five judges, Avho are elected by the General Assem- 
bly and hold office for twelve years. The five judges appoint one 
of their number to be president of the court, and they appoint or 
select another who must reside at the seat of government. While 
they hold office as judges of the Court of Appeals they are not al- 
lowed to practice laiv — that is, to act as attorney or counsel (see 
under Attorney-General, page 29). 

Judicial station is the station or rank or office of a judge. 
A person cannot be elected judge of the Supreme Court of Ap- 



JUDICIARY DEPARTMENT. 47 

peals unless he has previously been a judge in the United States, 
or has practiced law for five years. 

The session of the court is the number of days it sits for busi- 
ness at any one place and time. 

Jurisdiction. Shall have original jurisdiction in cases of 
habeas corpus, mandamus, and prohibition ; shall 
have appellate jurisdiction in all cases involving the 
constitutionality of a law with reference to the Consti- 
tution of the State or the United States^ or involving 
the life or liberty of a person^ and in other cases pre- 
scribed by law. Shall not have jurisdiction in civil cases 
where the amount in controversy^ exclusive of costs^ is 
less than $300, unless such controversy relates to the 
title or boundary of land ; or the probate of a will ; or the 
appointment or qualification of a personal representative, 
guardian, committee, or curator ; or a mill, roadway, 
ferry, or landing ; or the right of the state, county or 
municipal corporation to levy tolls or taxes ; or involves 
the construction of a law, ordinance, or proceeding im- 
posing taxes; and, except in cases of habeas corpus, 
mandamus, or prohibition, the constitutionality of a 
law, or some other matter not merely pecuniary. 

Jurisdiction means the power of a judge or of a court of law. 
Appellate jurisdiction is the power of a fcb'tirt to hear and decide 
cases of appeal against the decisions of lower courts. 

This is the principal business of the Supreme Court of Ap- 
peals. In trials in the lower courts it frequently happens that 
the judge gives a decision which some lawyer acting in the case 
may think is not in accordance with law, or is not fair to his 
client. Whenever this happens, the lawyer may take the case 
to the Supreme Court of Appeals and ask the judges there to set 
aside the decision of the judge in the lower court. In cases of 
appeal, the court in which the decision appealed against has 
been given is called the loicer court. A person who employs a 
lawyer to act for him in any law business is called a client. 



48 VIRGINIA CIVIL GOVERNMENT, 

The Supreme Court, after hearing the complaint or appeal 
against the decision of the lower court, considers the case and 
gives judgment on the question. This judgment is final — that is, 
it ends the case — unless there is some point in the question which 
has to do with the Constitution of the United States. 

A writ is a paper issued by a judge, or court, commanding some 
person or persons to do something, or to abstain from doing some- 
thing. Habeas corpus is a Latin phrase meaning you may have 
the body. A writ of habeas corpus is an order from a court di- 
rected usually to a warden or keeper of a prison, and command- 
ing him to bring some particular prisoner before the court so that 
it may be decided whether there is just cause for his detention. 

A mandamus is an order from a superior court to any person, 
corporation, or inferior — that is, lower — court requiring them to 
do something which it is part of their duty to do. A writ of 
prohibition is an order from a superior court prohibiting an in- 
ferior court from hearing or deciding a case, on the ground that 
it (the inferior court) has no jurisdiction in such case. 

When the amount in controversy between two parties is less 
than $300, exclusive of costs — that is, excluding or not counting 
costs — the case cannot be appealed to the Supreme Court. In such 
cases that court has no jurisdiction. The idea of this law is that 
for sums less than $300 it would be absurd to go to the Supreme 
Court, as the costs might be greater than the sum in dispute. 
But if the dispute be about the title or boundary of land, or any 
of the other matters mentioned in the remainder of the sentence, 
the case may go before the Supreme Court of Appeals, even 
though the sum mentioned in the case be less than $300. 

The title of land is the right of ownership, and a paper certify- 
ing that a person is the owner of certain land is a title deed. 
The probate of a will is the proof or proving of a will. A will is 
a statement, generally in writing, in which a persons declares 
his will, or wish, as to how he desires his property to be disposed 
of after his death. Wills must be probated — that is, proved in 
the proper court — before they can be legally executed. 

A personal representative is one who executes a will (carries 
out the directions contained in it) or administers the estate or 
property of a deceased person. A guardian in law is one ap- 
pointed by a court to take charge of and administer the property 



JUDICIARY DEPARTMENT, 49 

of persons who are not of sufficient age or understanding to man- 
age their own affairs. A committee in law is one entrusted 
with the care of an idiot or a lunatic. Used in this sense, the 
word is pronounced com-mit-tee'. A curator is one appointed 
to act as guardian of the estate of a person not legally competent 
(qualified) to manage his property, or of the estate of an absentee. 
To levy means to raise or collect. Each county in the State has 
the right to levy tolls and taxes to pay the cost of carrying on 
its government. The constitutionality of a law is its agree- 
ment with the Constitution. The Supreme Court of Appeals has 
the jurisdiction to decide, when appealed to, whether any law is 
constitutional or not — that is, whether or not it is allowed by the 
Constitution of the State of Virginia. 

Circuit Courts. 



There are twenty-four judicial circuits, with a judge for each 
circuit. The judge must reside in the circuit for which 
he is elected ; shall not hold any other office or public 
trust ; shall not practice law. Elected by the General 
Assembly for terms of eight years. Salary, $2,500, 
except the judge of the circuit which includes the city 
of Richmond, who receives $3,500. Circuit judges are 
entitled to mileage. 

Terms. There shall be at least five terms in each county 
and two terms in each year in each city except in cities 
of the second class that have their own courts. 

For explanation of circuits, see under Attorney-General, 
page 30. 

The term of a court is its regular session, or sitting, for the 
hearing and trying of cases. The word court means not only 
the room or hall in which a judge sits to try cases, but it means 
the judge while sitting in court, or a number of judges sitting in 
court together. An order of the court means an order given 
officially by a judge. 
4 



50 VIRGINIA CIVIL GOVERNMENT, 

Jurisdiction. Shall have original jurisdiction for the trial 
of all presentments, informations and indictments for 
felonies ; of all cases in chancery and civil cases at law, 
except cases to recover personal property or money of 
less value than $20 ; of all cases for the recovery of fees, 
penalties, etc.; of questions regarding the validity of 
ordinances and by-laws of a corporation ; or involving 
the right to levy taxes ; and all cases civil or criminal 
when an appeal may be had to the Supreme Court of 
Appeals. Also, of all proceedings by quo warranto ; 
and may issue writs of habeas corpus, mandamus, 
prohibition, and certiorari to all inferior tribunals ; 
issue writs of mandamus in all matters arising from or 
appertaining to the action of the board of supervisors ; 
determines the probate of wills and testamentary cases ; 
may appoint guardians, curators, commissioners in 
chancery, etc. 



Appellate jurisdiction of all cases, civil and criminal, 
where an appeal writ of error or supersedeas may be 
taken or allowed by said courts from or to the judgment 
or proceedings of an inferior tribunal. But no circuit 
court shall have any original or appellate jurisdiction in 
criminal cases arising within the territorial limits of any 
city wherein there is established by law a corporation or 
hustings court. 



Original jurisdiction means jurisdiction from the beginning of 
a case — that is, power to take up and try it when it is first entered 
in law. The Supreme Court of Appeals has not this power. It 
can deal only with cases that have already been tried in some 
other court. But the circuit courts may try cases on their first 
hearing. This is original jurisdiction. They have also general 
jurisdiction — that is, they can try all cases in general in which 



JUDICIARY DEPARTMENT. 51 

the law is violated, or the protection of the law is sought or 
required. 

A. presentment is a notice taken by a grand jury of any offence 
or crime of which they may have knowledge. (For grand jury ^ 
see page 70.) The notice is a written statement of the facts, and 
the statement is sent or presented to the court in which the case 
may be tried. 

After the presentment is made, the commonwealth's attorney 
prepares an indictment. This is a written charge against the 
accused person, with full particulars of the crime or offence 
alleged. The grand jury next make an investigation of the 
indictment by examining witnesses on oath, and if they think 
that the evidence is sufficient to prove the charge against the 
accused, they write on the indictment the words a true hill. 

This does not mean that the person is found guilty, but that the 
grand jury find the case against the accused is so strong that it 
ought to be tried by a judge and jury, and so the person is brought 
into court and tried. But if the grand jury find that there is not 
evidence enough to convict the accused, they mark or indorse the 
indictment with the words 7iot a true bill, and then there is no 
trial in court. 

An information is an action or prosecution for some offence 
against the government, and it is based not on a grand jury 
indictment, but on a statement or complaint made on oath by a 
competent witness. 

In chancery means in equity — that is, in natural right. A 
court of chancery may give a decision or judgment on the 
ground of plain, common justice between man and man, where 
there may be no statute law that bears upon the case. This is 
what is called equity. Personal property is movable property, 
such as furniture, money, etc. Immovable property, such as 
land or houses, is called real estate. Circuit courts have no juris- 
diction for the recovering of personal property of value less than 
$20, the reason manifestly being that the cost of a circuit court 
trial of such a case might amount to a much greater sum than 
the sum in dispute. 

The circuit courts have appellate jurisdiction in cases appealed 
from inferior tribunals— that is, lower courts. (For civil case, see 
under General Assembly, page 21.) A criminal case as distin- 



53 VIRGINIA CIVIL G0VERN3IENT, 

guished from a civil case is one in which a person is charged 
with a crime or felony. A icrit of error is an appeal ordered on 
the ground of an error or mistake in the proceedings of a court, 
either as to a matter of fact or a point of law. A supersedeas is 
a writ, or order, to suspend the powers of an officer, or to stay — 
that is, stop — action under another writ. 

Quo ivarranto is a Latin phrase, the English of which is by ichat 
icarrayit or authority. In law it means a writ brought before a 
court to inquire by luhat authority a person or corporation exer- 
cises certain powers. For example, if a person assume the duties 
or work of a public office, and it is believed that he has no legal 
right to the office, proceedings in quo ivarranto may be taken 
against him. 

Certiorari is a writ from a superior court in a certain case, 
ordering the removal of the case from an inferior court, so that 
more speedy justice may be obtained or that errors may be cor- 
rected. (For charters of incorporation^ see under Secretary of 
the Commomvealth, page 33.) A receiver is a person appointed 
by a court to receive, or hold in trust, property about w^hich law 
proceedings are being taken. Commissioners in chancery are 
commissioners or officers appointed from time to time by circuit 
court judges to examine and report upon accounts (statements 
relating to money) presented as evidence in the trial of a case. 

Testamentary cases are cases about wills. A testament is a 
written paper in which a person declares (or testifies) how he 
wishes his property to be disposed of after his death. Such a paper 
is sometimes called a last icill and testament. An injunction is 
an order of a court requiring a person to do or refrain from doing 
certain acts. 

The Circuit Court of the City of Richmond possesses 
all the powers of other circuit courts except as to those 
matters the jurisdiction of which has been exclusively 
invested in the Chancery or the Hustings Court. It 
shall also have jurisdiction of all such suits, motions, 
prosecutions, and matters and things as are specially 
. cognizable by it, in which the Commonwealth, repre- 
sented by certain public officers or public boards, is a 
party. 



JUDICIARY DEPARTMENT. 53 

The Circuit Court of the City of Richmond has the same power 
as other circuit courts except in matters the jurisdiction of which 
belongs exclusively to the Hustings Court, and the Chancery- 
Court of the City of Richmond — that is, belongs to them and to 
no other court. (For explanation as to these matters, see under 
Hustings Court and under Chancery Court.) 

A suit or lawsuit is an action or proceeding in a court of law to 
recover a right, or to obtain justice in a matter under dispute. A 
suit at law is sometimes also called a cause. A motion (in law) 
is a carrying on of a suit or action in court to obtain some right, or 
to punish persons who have committed crime. Cognizable means 
liable to be taken notice of. Matters that are cognizable by a 
court are cases that it is fit and proper for it to hear, try, and decide. 

A party to a suit is one of the two opposing persons or sides 
engaged in it. In every lawsuit there are at least two parties. 
The party or person that brings on the suit or action is called the 
plaintiff., because he makes a complaint or charge against some 
one ; the party on the other side is called the defendant^ because 
he defends himself against the charge. 



QUESTIONS. 

1. How many judges constitute the Supreme Court of Appeals ? 

2. How long is the term of each judge ? 

3. What salaries do they receive ? 

4. Do they hold any other office or practice law ? 

5. What are their qualifications ? 

6. Where are the sessions of the Supreme Court held ? 

7. Define Judiciary, 

8. J)eQ.ne Judicial station. 

9. What is a session of court ? 

10. Define Jurisdiction. 

11. What is appellate jurisdiction ? 

12. What is the principal business of the Supreme Court of Appeals ? 

13. What is a lower court ? 

14. What is a cHent ? 

15. When and how may an appeal be made from the judgment of 
the Supreme Court of Appeals ? 

16. In what other cases besides appeals has the Supreme Court juris- 
diction ? 



54 VIRGIXIA CIVIL GOVERNMENT. 

17. Define habeas corpus, mandamus, prohibition, and writ, 

18. What are the cases in which the Supreme Court has no jurisdic- 
tion ? 

19. What are costs ? 

20. Define title of land, and title deed. 

21. What is meant by probating a will ? 

22. What is a will? 

23. What is a personal representative ? 

24. What is a guardian ? 

25. What is a committee ? 

26. Define curator and levy. 

27. What is meant by the constitutionality of a law ? 

28. How many judicial circuits are there ? 

29. Where must a circuit court judge reside ? 

30. Is a circuit court judge permitted to practice law ? 

31. What are the salaries of circuit court judges ? 

32. What are their qualifications ? 

33. What are the terms of circuit courts ? 

34. What does a term of court mean ? 

35. What is the meaning of the word court f 

36. Name some of the kinds of cases in which the circuit courts have 
jurisdiction. 

37. What do you understand by original jurisdiction and general jur- 
isdiction ? 

38. Define chancery, personal property , and real estate, 

39. What is a criminal case ? 

40. What is a writ of error ? 

41. What is a supersedeas 9 

42. Define quo ivarranto. 

43. W^hat is a certiorari 9 

44. Define trustee and receiver, 

45. What are commissioners in chancery ? 

46. What are testamentary cases ? 

47. Define testament. 

48. What is an injunction ? 

49. What are the powers of the Circuit Court of the City of Rich- 
mond ? 

50. What is a lawsuit ? 

51. What is a cause ? 

52. What is a motion ? 

53. Define cognizable^ party to a suit, plantiff, defendant. 



VI. 

JUDICIARY DEPARTMENT— Continued. 

Corporation or Hustings Courts. 

Held in each city of the first-class by the city judge. Judge 
elected by the General Assembly in joint session for a 
term of eight years. Salary, not less than $2,000. 

Qualifications of a judge. Same as those of judges of the 
Supreme Court of Appeals. 

Terms. Held monthly, except that the July or August 
term may be omitted. 

Jurisdiction. Within the territorial limits of the city, same 
as circuit courts have in the counties. Concurrently 
with the circuit courts they have jurisdiction over all 
offences committed in any county within one mile of the 
corporate limits of the city. 

Corporation courts, or city courts, are courts whose jurisdic- 
tion lies within corporations or cities, and the judges are called 
city judges. 

There is a corporation court in each city of the first class, and 
also in all cities of the second class in which it has not been by 
special election or otherwise merged into the circuit court. The 
Hustings Court of the city of Richmond has a peculiar and 
limited jurisdiction which is explained later in this chapter. 

The city judges hold office for eight years. Their salaries in 
cities of the first class are fixed or specially provided by law at 
not less than $2,000, but any city may increase such salary, but 
such increase shall be paid entirely by the city. 



56 VIRGINIA CIVIL GOVERNMENT, 

Every city judge must liold a term or session every month 
except July or August, in either of which the court term may be 
omitted — that is, not held. 

Cities of the first class are such as contain more than 10,000 
inhabitants. All other cities are termed cities of the second 
class. 

The Constitution requires the maintenance of city or corpora- 
tion courts in all cities of the first class, but provides for the 
discontinuance of independent city courts in all cities of the 
second class whenever the people vote in favor of their aboli- 
tion. 

Upon the abolition of the corporation court in any city of the 
second class, the circuit courts of the circuit in which the city is 
located will arrange to hold regular terms in such city the same 
as in cities of the first class. 

Within their respective limits — that is, each in its own city—- 
the corporation courts have the same jurisdiction as the circuit 
courts. This means that they have power to try the same kind 
of offences as may be tried in the circuit courts. 



Justices' Courts. 

Held by a justice of the peace ; iif the cities, by the mayor 
or police justice. 

The judge who sits in a. justice'' s court is called sl justice of the 
peace, or simply a justice, and sometimes a police justice. Jus- 
tices' courts and police courts are the courts in which generally 
all offences and cases not of a serious nature are tried and dis- 
posed of. (See under Justices of the Peace and under Magisterial 
Districts. For mayor, see under Government of Cities and 
Towns.) 

Jurisdiction. Debt, exclusive of interest, not exceeding 
$100 ; fines, damages, etc., not exceeding $20 ; have 
jurisdiction of certain cases of unlawful entry and de- 
tainer, detinue, and search ; may allow bail in certain 



JUDICIARY DEPARTMENT— CONTINUED. 57 

cases. Shall have concurrent jurisdiction with the 
County and Corporation Courts of the State in all cases 
of violations of the revenue laws of the State and of 
offences arising under certain provisions of the Code, 
and exclusive original jurisdiction for the trial of all 
other misdemeanor cases occurring within their jurisdic- 
tion. 

A person charged with refusing to pay a debt may be brought 
before a justice's court if the debt, without interest, is not greater 
than $100, and the justice has power to decide the case. He has 
also power to try cases in which offenders may be punished by 
having to pay fines or damages of not more than $20. 

Damages means money paid to compensate for the injury or 
damage done to any person or person's property. 

Unlawful entry is entering unlawfully upon lands belonging 
to another, and unlaicful detainer means unlaw^ful detaining or 
holding possession of lands or houses belonging to another. 

Detinue is an action in law in vrhich a person seeks to get back 
property of his which is unlawfully held or detained by another. 
In such cases the justice may issue a warrant for search for the 
property detained. 

A warrant is a document or paper issued by a judge giving 
power or authority to a policeman, or other officer of the law, to 
arrest a criminal, or an offender, in order to have him brought to 
trial. A warrant issued authorizing an officer to search for prop- 
erty stolen or detained, is called a search warrant. 

Bail is security given for the release of a person from prison. 
When a person is arrested and charged with a crime he may, if 
the crime be not a very serious one, be let out of prison and left 
at liberty until trial, if some one will give security or pledge for 
him that he will appear in court on the day appointed for the trial. 
If the amount required is small, tlie security is usually given in 
the shape of money, but if the amount is large, it is given in the 
shape of a bond called a bail-bond. 

The person giving the bail-bond must be one who owns real 
estate to the value of the amount of bail, and if the person to be 
tried does not appear for trial at the time appointed, the person 
who gives the bond may be required to pay the amount into court. 



58 vmamiA civil govuenment. 

Concurrent jurisdiction is the same or equal jurisdiction. 
Jtievenue is the income or money which the State or corporation 
receives in the shape of taxes. Taxes are the moneys collected 
by the State or by towns or cities for defraying the expenses of 
government. The owners of certain kinds of property have to 
pay taxes in proportion to the value of their property. 

Violation of the revenue laws is a violation of any of the laws 
made for the levying and collection of taxes. There is a tax upon 
the selling of certain articles, such as liquors and tobacco, and if 
a person sells such articles without paying the tax, it is a violation 
of the revenue laws. 

A code is a collection of the laws of the State or country. The 
Code of Virginia is a book containing the statute laws of Virginia. 
A misdemeanor^ is any crime less than a felony. (For felony^ see 
page 13.) 

Hustings Court of the City of Richmond. 

Judge elected by the General Assembly for a term of eight 
years. Salary, $3,500. 

Qualifications. Same as those of a Circuit Judge. 

Terms. Held monthly except the month of August. 

Hustings is the name given to a court formerly held in many 
cities of England, and applied specially to a court held within 
the City of London before the Lord Mayor and other magistrates. 

Jurisdiction. Exclusive original jurisdiction of all present- 
ments, indictments, and informations for offences com- 
mitted within the corporate limits (except prosecutions 
against convicts in the penitentiary) ; concurrent juris- 
diction of all presentments, indictments, and informa- 
tions for offences committed within the space of one mile 
beyond the corporate limits on the north side of the 
James Eiver, and to low-water mark on the south side of 
James River ; concurrent jurisdiction with the Circuit 
Court of the City of Eichmond of actions of forcible 
or unlawful entry and detainer ; exclusive jurisdiction of 



JUDICIARY DEPART3IENT— CONTINUED, 69 

all appeals from the judgments of the Police Justice's 
Court, all causes removable from said court, all proceed- 
ings for the condemnation of land or property for public 
use, all motions to correct erroneous assessments. 

Corporate limits are the limits or boundaries of the area over 
which the corporation has jurisdiction. Here the phrase means 
the boundaries of the city of Eichmond. 

Prosecutions against convicts are prosecutions against convicts 
(prisoners) for crimes committed within the prison. All such 
crimes are tried in the circuit court of the city of Richmond. 

Causes removable from said court (police justice's court) are 
cases that may at the request of the parties concerned be taken 
out of that court and tried in another court. 

The condemnation of land or property for public use means 
the deciding by a proper authority (a court or judge) that certain 
lands must be given for such use. (See page 12.) 

An assessment is the valuing of pro^^erty for the purpose of 
fixing a tax upon it. If any owner of property in Richmond 
thinks the valuation of his property too high, and that therefore 
the tax is too high, he may object to the assessment as erroneous 
and have a motion brought before the Hustings Court to have the 
assessment corrected. 

Chancery Court of the City of Richmond. 

Judge elected by the General Assembly for term of eight 
years. Salary, $3,500. 

Qualifications. Same as those of a Circuit Judge. 

Terms. Shall hold four terms each year ; but shall always 
be open as a Court of Probate. 

For explanation of Chancery^ see page 50, and for Probate^ 
see page 48. 

Jurisdiction. Shall exercise, within the corporate limits, 
exclusive jurisdiction concerning theprobate and recorda- 
tion of wills, the appointment, qualification, and removal 
of fiduciaries, and the settlement of their accounts ; the 



eO VlRGimA CIVIL GOYURMNENT. 

docketing of judgments ; the recordation of deeds and 
such other jmpers as are authorized or required by law 
to be recorded ; exclusive jurisdiction of all suits and 
proceedings in chancery cognizable by law in the Circuit 
Courts of the Commonwealth^ except such as are spe- 
cially cognizable by the Circuit Court of the City of 
Eichmond, and any duty deYolved, or any power or 
jurisdiction conferred by law on the Circuit Courts, un- 
less otherwise expressly provided, except as to matters 
of common law and criminal jurisdiction. 

The recordation of wills is the recording of them in the court 
in Avhich they are probated. (Fov probate of icills, see page 48.) 
I^idiiciaries are trustees or persons appointed to hold property in 
trust for others. The docketing of judgments is making sum- 
maries or brief statements of them for the purpose of record. A 
docket is a small i^iece of paper containing the heads or principal 
points of any w^riting or statement. 

A judgment is a sentence or decision pronounced by a court, 
or a judge of a court, on any matter tried before it. A deed is a 
^vritten paper containing the terms of a contract, or the transfer 
of real estate by the owner to a purchaser. Devolved means 
transferred from one person to another. 

Common laiv is the title given to laws which have not origi- 
nated in any statute, but derive their force and authority from 
having been in use for many centuries. The common law of 
England, upon which the common law of Virginia is based, in- 
cludes customs of the people of such long standing that the courts 
took notice of them and gave them the force of law. Common 
law is the nnwritten law ; statute law consists of tlie laws enacted 
and recorded by legislatures. 

Law and Equity Court of the City of Richmond. 

Judge elected by the General Assembly for a term of eight 
years. Salary, $3,500. 

Qualifications. Same as those of a Circuit Judge. 
Terms. Shall hold four terms each year, beginning the sec- 



JUDICIA R Y I) EPA R TMENT- CO^^TINUED. 61 

ond Monday in February, May, September, and Decem- 
ber, continuing as long as the business of the Court may 
require. 

For equity^ see under Circuit Courts, page 50. 

Jurisdiction. Shall exercise within the corporate limits 
original jurisdiction concurrent with the Chancery Court 
(except as to the probate and record of wills ; the ap- 
pointment and qualification of fiduciaries ; the ex parte 
settlement of their accounts ; the record of deeds and 
other papers authorized or required by law to be re- 
corded). Shall have within the same limits original 
jurisdiction concurrent with the Circuit Court, except 
all such suits, motions, etc., as are specially cognizable 
by said Court ; — has the same power as to bail, injunc- 
tions, etc., as the Circuit Court, and appeals from its 
decrees and judgments shall be taken and allowed as 
if from a Circuit Court. This Court has no criminal 
jurisdiction. 

Ex parte is a Latin phrase signifying from or on one side only. 
An ex parte hearing in court Avould be a hearing taken by one 
side or party in the absence of the other. An ex parte settlement 
is settlement made on the application of one party without notice 
to the other. 

QUESTIONS. 

1. Where are corporation courts held ? 

2. What is the term of office of a corporation's court judge, and what 
salary does he receive ? 

3. What are the qualifications of a corporation's court judge ? 

4. How often are corporation courts held ? 

5. What is the jurisdiction of these courts ? 

6. How long do city judges hold office, and what salaries do they re- 
ceive ? 

7. What does within their respective limits mean ? 

8. What is the judge who sits in a justice's court called ? 



62 VIRGINIA CIVIL GOVERNMENT. 

9. What is the jurisdiction of justices' courts ? 

10. Define damages. 

11. Define imlawful entry. 

12. What does unlawful detainer mean ? 

13. Define detinue. 

14. Define warrant and search warrant. 

15. What is a bail-bond ? 

16. What is concurrent jurisdiction ? 

17. What is revenue ? 

18. Define tariff. 

19. What is the code ? 

20. What is a misdemeanor ? 

21. How long is the term of office of the judge of the Hustings Court 
of the City of Richmond, and what salary does he receive ? 

22. What are the qualifications of the judge of the Hustings Court ? 

23. How often are terms of this court held ? 

24. What are corporate limits? 

25. What do you understand by prosecutions against convicts in the 
penitentiary ? 

26. What does condemnation of land mean ? 

27. What is an assessment ? 

28. What does correcting erroneous assessments mean ? 

29. For how long does the judge of the Chancery Court of the City of 
Richmond hold office, and what salary does he receive ? 

30. What are the qualifications of the judge of this court ? 

31. How often does the court meet ? 

32. Mention some classes of cases in which the Chancery Court has 
jurisdiction. 

33. W^hat does the recordation of wills mean ? 

34. What are fiduciaries ? 

35. What does docketing of judgments mean ? 

36. Defiuejudgmejit. 

37. What is common law ? 

38. For how long does a judge of the Law and Equity Court of the 
City of Richmond hold office, and what is his salary ? 

39. What are the qualifications of a judge of this court ? 

40. How often and for how long does the Equity Court sit ? 

41. Tell of the jurisdiction of this court. 

42. What does ex parte mean ? 

43. What is an ex parte settlement ? 



VII. 
OFFICERS OF COURTS. 
Clerks. 

In all Justices' Courts, the justices are required to make and 
preserve their own dockets. The Clerk of the Court of 
Appeals is appointed by the court ; the Clerks of the 
Circuit and Corporation Courts are elected by the people 
of the county or corporation in which the court is held. 
They hold office for a term of eight years. Salary, fees 
and special allowances. 

Duties. Shall record the proceedings of their resjDective 
courts and issue writs in their name ; shall be the 
custodians of all papers lawfully returned to or filed in 
the Clerk^s office ; shall perform such other duties as are 
imposed upon them by law. 

The Tipstaflf and Crier are the executive officers of the 
Court of Appeals. 

For meaning of docket, see under Chancery Court of the City 
of Richmond. Dockets here mean entries in a book giving lists 
of names of persons connected with the cases tried, and particulars 
of the proceedings in each case. In justices' courts such dockets 
are made and kept by the justice himself. 

The clerks of the courts mentioned have no salaries. .They are 
paid by fees and special allowances. For example, when a clerk 
of court makes out a w^rit or bond or a copy of any court docu- 
ment, he gets a fee for doing it. (See under Secretary of the 
Comnionicealth, page 32.) A special allowance is an allowance 
(or a grant of money) made by the court for special w^ork done. 



64 VIRGINIA CIVIL GOVERNMENT. 

The tipstaff and crier are executive officers of the Court of 
Appeals — that is, they execute or carry out certain orders of the 
court. In some places a sheriff's officer is called a tipstaff, the 
name being derived from the custom of such officers bearing a 
staff tipped with metal. 

Criers sometimes are appointed for other courts besides the 
Court of Appeals. The name is derived from the practice of pro- 
claiming or crying out in court the commands or orders of tLe 
judge. 

SheriflF. 

The Sheriff is the executive officer of the Circuit Court, 
and of the Circuit and Chancery Courts of the city of 
Kichmond ; the City Sergeant is the executive officer of 
the Corporation Courts and Circuit Courts held for 
cities, and the Hustings Court for the city of Eichmond ; 
the Constable is the executive officer of the Justice^s 
Court. 

Though the sheriff is an officer of the courts, he is more partic- 
ularly a county officer. His principal duties will, therefore, be 
found set forth and explained under County Officers (see page 
74). The city sergeant is also a court officer, but his duties are 
limited to cities. They are stated and explained under Govern- 
ment of Cities and Towns. The duties of the constable, who 
is a magisterial district officer, are explained under District 
Organization, 

Commonwealth's Attorney. 

Elected by the people at the general election in November 
for a term of four years ; must reside in the county 
or corporation for which he is elected; shall hold no 
other elective office. Salary, allowance by the Board of 
Supervisors and fees. 

Duties. Gives legal advice to the county and district 
officers, and prosecutes criminals in the Circuit and 
Corporation Courts. 



OFFICERS OF COURTS. 65 

For Board of Supervisors^ see page 82. 

Legal advice is advice on matters of law. The commonwealth's 
diiiovno^j prosecutes criminals — that is, he attends in court and 
makes the charge, or states the case, and examines witnesses, 
against persons charged with crime. 

A ivitness is a person who tells on oath, in answer to questions, 
what he knows about the crime charged against the accused, or 
about the facts in a civil case or process. (See civil process and 
perjury^ page 21.) 

Attorney-at-Law. 

Must hold license granted by any three or more judges of the 
Supreme Court of Appeals acting together under such 
rules and regulations and upon such examination both 
as to learning and character as may be prescribed by the 
said Court ; must be a male citizen over the age of 
twenty-one years ; must have resided in the State six 
months preceding application for a license ; and must 
qualify before the Court in which he proposes to 
practice. 

An attorney -at-laiv is a person legally qualified and licensed to 
act as attorney. A person not a lawyer might be called an 
attorney if appointed to do any business oji behalf of another, 
but to be an attorney-at-law a person must be qualified as stated 
in the text. (See under Attorney -General^ page 29.) A license is 
a permission to perform certain acts. It is usually in writing, and 
is issued by persons having legal authority to do so. 

An attorney-at-law must qualify before the court in which he 
wishes to practice. This means that he must produce evidence 
that he is legally licensed, that he must take an oath that he will 
perform his duties as an attorney, and also that he must take an 
oath that he will be faithful to the Commonwealth of Virginia. 

W^ho May Practice Law in Virginia. 

Any person duly authorized and practicing as Counsel or 
Attorney-at-Law in any State or Territory of the United 



66 VIRGINIA CIVIL GOVERNMENT, 

States^ or in the District of Columbia ; but if he resides 
in Virginia he must pay the prescribed license fee. 

Duly authorized means having received the proper license, and 
having qualified. Prescribed license fee is a certain fee or charge 
for the issuing of a license to practice in Virginia. 

Juries. 

Drawn by lot from a list of those well qualified to serve as 
jurors, furnished by the Judge of the Circuit or Corpora- 
tion Courts. The list shall contain not less than one 
hundred nor more than three hundred names. 

All male citizens over twenty-one years of age who have been 
residents of the State for two years, and of the county, city, or 
town in which they reside for one year next preceding their 
being summoned to serve as such and competent in other 
respects, are icell qualified to serve as jurors within the State. 
But certain persons are disqualified as not competent, such as 
idiots, lunatics, and persons convicted of bribery, perjury, em- 
bezzlement of public funds, treason, felony or petit larceny. 

Certain public officers and persons belonging to certain pro- 
fessions are exempt from jury service. The governor, the 
lieutenant-governor, postmasters, practicing physicians (doctors), 
and many others, are exempt from the duty of serving on juries. 

Juries in civil and misdemeanor cases are chosen by lot. Once 
every year the judge of each circuit and corporation court makes 
out a list containing the names of not less than one hundred and 
not more than three hundred persons resident in the county or 
corporation and well qualified to serve as jurors. These names 
are written on slips of paper or ballots (each name on a separate 
ballot) and the ballots, after being folded so that the names may 
not be seen, are put into a box kept for the purpose by the clerk 
of the court. 

Ten days before any term of a court at which a jury may be 
required, the clerk draws sixteen ballots from the box, without 
looking at the names until they are all drawn out. The persons 
whose names are thus drawn are summoned to attend at the 



OFFICERS OF COURTS, 67 

term of court. Should more than sixteen be required, more are 
summoned, and on the day they attend the court their names are 
written on ballots and placed in a box, and from them the juries 
for the trial of cases are drawn in the manner already stated. 
This is what is called choosing or selecting by lot, the word lot 
meaning chance. It is considered the fairest way of forming a 
jury. 

If jurors were appointed instead of being selected by lot, persons 
having prejudice or ill feeling against one of the parties in the 
case might be put on the jury, and the verdict rendered by such 
jury might be a very unjust one. But when the selection is by 
lot nobody knows who is to be on it, and so it is equally fair to 
both sides. 

The number of persons on a jury is usually twelve, but in a 
civil case, if both parties consent, there may be a jury of only 
seven; or, the case may be tried and decided by a jury of three 
persons, one selected by each of the two parties to the suit, and 
the third by the other two; or, by the judge without a jury. 

For juries in cases of felony the names of twenty persons resid- 
ing at a distance from the place where the crime or oflPence is said 
to have been committed are taken from a list furnished by the 
circuit or the corporation court. Those twenty are summoned 
to attend tiie court, and from them a jury panel of sixteen is 
selected. The accused person may, without giving any reason, 
object to, or strike off, any four of the sixteen, and the remaining 
twelve will be the jury to try the case. 

If the accused does not strike off any, or strikes off less than 
four, a jury of twelve is selected from the panel by lot. The 
attorney for the commonwealth — that is, the attorney who prose- 
cutes the accused — may challenge — that is, object to — a juror, but 
he must assign a reason for his objection, and if the judge decides 
in favor of his objection, the person challenged is not put on the 
jury. A panel is a list of persons summoned to serve as jurors. 

To siunmon is to call or notify a person or persons to appear in 
court. A person who is summoned to attend as a juror and who, 
without sufficient reason, fails or neglects to do so, may be punished 
by a fine of not less than Hve nor more than twenty dollars. 

Persons summoned as jurors are entitled to receive one dollar 
per day for service on a jury, and mileage at the rate of four 
cents per mile travelled in going to and returning from court. 



63 VIRGINIA CIVIL GOVERNMENT. 

(Further explanation as to the duties of juries will be found under 
Petit Jury, page 71.) 

Grand Jury. 

Consists of not less than nine nor more than twelve persons 
taken from a list of forty-eight selected by the Judge of 
the Circuit or Corporation Court from the qualified 
jurors of the county or city in which his Court is held. 
A Special Grand Jury shall consist of not less than six 
nor more than nine persons. 

The principal duties of the Grand Jury are mentioned under 
Circuit Courts, page 55. The law requires that "the grand 
jury shall inquire of and present all felonies, misdemeanors, and 
violations of penal [criminal] laws committed within the juris- 
diction of the respective courts wherein they are sworn." 

To present is to make a statement or presentment to the court 
as explained on page 55. Every grand jury has a chairman or 
speaker, who is appointed by the court and is called the foreman. 
The foreman is required to take an oath or swear that he will 
" present no person through prejudice or ill-will, nor leave any 
unpresented through fear or favor," but that in all presentments 
he "shall present the truth, the whole truth and nothing but the 
truth." 

In this way the foreman is sworn, and the other grand jurors 
must swear that they will "observe and keep" the same oath 
taken by the foreman. An oath is a solemn statement or dec- 
laration with an appeal to G-od, or calling God to witness that 
what is stated is true or that the person shall tell the truth. 

Witnesses before giving evidence in courts at the trial of a case 
must make oath or swear to "tell the truth, the whole truth and 
nothing but the truth." While the witness is repeating the 
words of the oath he holds a Bible or Testament in his hand, and 
kisses it when he has repeated the words. 

There are two kinds of grand juries— regular and special. 
There is a regular grand jury at two terms in each year, of the 
circuit, corporation, or hustings court. But a grand jury may 
be ordered by a circuit, corporation, or hustings court at any 



OFFICERS OF COURTS. 69 

time there may be special or urgent need for it, and such grand 
jury is called a special grand jury. 

Grand jurors are entitled to the same compensation and mile- 
age as petit jurors (see next section). 

Petit Jury. 

Consists of twelve members. 

Duties. Hear evidence before the court in civil and criminal 
cases and render a verdict according to the law and 
evidence. 

Th^ petit jury is the jury impanelled — that is, put on a panel or 
list — to try cases in court. How such a jury is formed is stated 
under Juries (see page 68). Petit jurors, like grand jurors, must 
take an oath to do their duty honestly. (The word jury is derived 
from the Latin word jurare, which means to swear.) 

It is the duty of the petit jury to hear the evidence in the case 
it is to try, and to give a verdict in accordance with that evidence. 
If the evidence presented before the court proves the accused to 
be guilty, the jury must give a verdict of "guilty"; if the evi- 
dence is not sufficient to show that he is guilty, they must give a 
verdict of " not guilty." (For verdict^ see page 11.) 

The verdict of the jury must also be according to law. This 
means that the jury must give heed to the law of the case as ex- 
plained by the judge. Evidence might be offered which would « 
not be lawful. It is the duty of the judge to decide whether evi- 
dence is lawful or not, and if he decides that any evidence is 
illegal or unlawful, then the jury must not pay any regard to it 
in considering their verdict. 

QUESTIONS. 

1. By whom are court clerks appointed or elected, and for how long 
do they hold office ? 

2. How are court clerks paid ? 

3. What are the duties of court clerks ? 

4. What are dockets ? 

5. What are the tipstaff and crier, and what are their duties ? 

6. How is the commonwealth's attorney chosen, and for how long ? 



w 



70 VIRGINIA CIVIL GOVERNMENT, 



\\\ 7. Where must the commonwealth's attorney reside, and how is he 

paid ? 

8. What are his duties ? ... 

9. What is legal advice 9 

10. W^hat does prosecuting criminals mean ? 

11. What is a loitness 9 

12. What are the qualifications of an attorney- at-law ? 

13. Define license and qualify. 

14. Who may practice law in Virginia ? 

15. Define duly authorized and prescribed license fee. 

16. What are the qualifications of jurors ? 

17. What classes of persons are exempt from jury service ? 

18. How are juries in civil and misdemeanor cases chosen ? 

19. Describe tlie system of choosing or selecting by lot. 

20. How many persons constitute a jury ? 

21. How are juries in cases of felony chosen ? 

22. What do you understand by challenging a juror ? 

23. What does summon mean ? 

24. What does a grand jury consist of ? 

25. What is a special grand jury ? 

26. What are the duties of grand jurors ? 

27. What does prese7U mean ? 

28. What is the duty of the foreman of the grand jury ? 

29. What is an oath ? 

30. How many kinds of grand juries are there ? 

31. What is the compensation of grand jurors ? 

32. What does a ^e/z//?^r?/ consist of ? 

33. W^hat are the duties of a petit jury ? 

34. What do you understand by rendering a verdict according to the 
law and evidence ? 



VIII. 
COUNTY ORGANIZATION. 

Counties. 

Organized by the General Assembly under the provisions of 
the Constitution. 

Objects. Convenience in administering justice and transact- 
ing local business. 

Each county shall maintain at the county seat a court-house, 
clerk^s office, and jail. 

Counties are organized — that is, formed and invested with powers 
of government — by the General Assembly. The Assembly may 
form new counties out of other counties or parts of other counties, 
but the Constitution of Virginia directs that "no new county 
shall be formed with an area of less than six hundred square 
miles," and that the county or counties from which a new one is 
formed shall not be reduced below an area of six hundred square 
miles. 

The convenience of having the State divided into counties may 
easily be seen. If there were no counties most of the people would 
have to go long distances to the State capital in order to have 
important business attended to. County organization brings the 
advantages of government and the administration of justice 
nearer the homes of all the people. 

The county seat is the chief town of the county, where the 
public business of the county is chiefly transacted. The court- 
house is the building in which judges sit for the trial of cases. 
The jail of the county is the prison in which persons convicted 
of minor (trifling) offences are detained for punishment, and in 



72 VIRGINIA CIVIL GOVERNMENT. 

which persons charged with serious crimes are held in custody 
until trial. Persons after trial and conviction for serious crimes 
are sent to the penitentiary. 

COUNTY OFFICERS. 

They are the executive officers under the authority of the 
laws of the State. 

Sheriff. 

Elected by the people for four years. Salary, allowance by 
the Board of Supervisors and fees. 

Duties. Appoints his deputies ; makes arrests ; serves notices ; 
collects fines ; calls for troops in time of danger ; executes 
any order, warrant, or process, lawfully directed to him, 
within his own county, or upon any bay, river, or creek 
adjoining thereto ; levies on property and sells to satisfy 
order of court ; attends the sittings of Circuit Courts ; 
attends the meetings of the Board of Supervisors, and 
performs such duties as may be necessary for the proper 
despatch of business ; must not practice law in any court 
of which he is an officer ; cannot hold any other elective 
office ; must give- notice of violations of penal laws. 

The salary or allowance for sheriffs is not the same in all 
counties, but varies according to the number of the population. It 
is paid by the Board of Supervisors. (For Board of Supervisors^ 
see page 82.) 

The sheriff may appoint deputies or assistants to help him in his 
duties, which are numerous and important. He is the principal 
executive officer of the county. It is his business to execute the 
judgments of the courts. If a person is sentenced to death, it is 
the sheriff who must make and direct the arrangements for 
carrying out the sentence. 

A sentence (in law) is the judgment, or declaration of punish- 
ment, pronounced by a judge upon a criminal after being found 
guilty. The sheriff must arrest and convey to prison any person 



COUNTY ORGANIZATION. n 

or persons who have committed crime. He must serve legal 
notices, such as notices of decrees or judgments to be given 
against parties in cases of action for debt. He must collect fines 
that are not paid in court. 

An important duty of the sheriff is to suppress riots or public 
disturbances, and if he finds that he and his officers are unable to 
do so, he may call upon the governor for troops (soldiers) to 
assist him. In such case the governor may send State militia 
to suppress the disturbance. The sheriff has charge or control of 
the county jail and the prisoners confined in it, and he must pro- 
tect the prison and prisoners against violence or attack by mobs. 

The sheriff must carry out any order or warrant or process of 
the courts. A process is a summons or notice requiring a person 
to appear in court on a certain day to answer a charge to be made 
against him. If a court gives judgment against a person for debt 
or fine or taxes not paid, the sheriff levies on the property of the 
person — that is, he takes or seizes it — and sells it to satisfy or 
execute the order of court. 

It is also the duty of the sheriff to give notice to the attorney 
for the commonwealth of any crime (violation of penal laws) of 
which he raay have knowledge. The sheriff cannot hold any 
other elective office — that is, an office to which a person is elected — 
and he cannot act as a lawyer in any court for which he does 
duty as sheriff. 

Commonwealth's Attorney. 

See under Officers of Courts. 
County Clerk. 

Also Clerk of the Circuit Court elected by the people for 
term of eight years. ♦ 

Duties. See under Officers of Courts. 

A clerk of the county or a clerk of a court is an officer who does 
writing of various kinds, such as keeping records of public busi- 
ness, records of court proceedings, making out writs or bonds, or 
copies of court papers or documents. Many of the duties of 
clerks of counties and courts are mentioned in previous sections. 



74 VIRGINIA CIVIL GOVERNMENT. 



Treasurer. 

Elected by the people for four years. Salary^ commissions. 

Duties. Shall receive the State revenues and the county (or 
city) levies^ and account for and pay over the same as 
provided by law ; shall keep his office at the county seat ; 
shall receive taxes from July 1st to December 1st ; after 
that add five per cent, and collect ; shall settle with the 
Auditor of Public Accounts by December 15th^ final 
settlement June 15th ; may be required to make monthly 
settlements ; in cities of Eichmond^ Lynchburg, and 
Petersburg, shall make w^eekly settlements ; may distrain 
for taxes ; shall post delinquent list ; must reside in the 
county ; shall not hold any other elective office ; shall 
not own any w^arrant against the county or city ; shall not 
lend out any public money, or use it for any purpose 
other than such as is provided by law ; shall report viola- 
tions of the revenue laws. Must reside in the county or 
city for which he is elected. 

The State revenues are the taxes received for the State ; the 
county levies are the taxes levied — that is, raised or collected — for 
county purposes. These moneys the State treasurer must pay 
over as the law provides — that is, directs. The money collected 
for the county he must pay out for various public purposes relat- 
ing to the county, but before making such payments he must have 
a w^arrant (written authority to pay) from the Board of Super- 
visors. The money he receives for the State he must pay to the 
auditor of public accounts. 

The time for the receiving of taxes is from July 1st to December 
1st each year. An addition of five per cent, is made to taxes not 
paid by the latter date. The treasurer must settle with the 
auditor by December 15th — that is, he must by that time have 
paid over to him all moneys received for the State. By June 15th 
he must make a final settlement. This means that he must settle 
for all taxes paid to him since December 15th, and furnish , lists 



COUNTY ORGANIZATION, 75 

of those who have failed to pay. Besides county treasurers there 
are city treasurers. (See also under Government of Cities and 
Towns. ) 

If any person fail or refuse to pay taxes assessed upon him, the 
treasurer may distrain his property to recover the amount. To 
distrain is to seize property for debt due. (To assess is to fix or 
name a certain amount as a tax on property, or to value property 
with the object of fixing a tax upon it.) A person who fails or 
neglects or refuses to pay his taxes is called a delinquent., a w^ord 
that means one who fails to perform his duty. 

A delinquent list is a list or paper containing the names of per- 
sons who have failed to pay the taxes, and a notice that at a 
certain time certain property of such persons will be sold if the 
taxes are not previously paid. A copy of the delinquent list must 
be posted at public places within the city or county in which the 
property to be sold is situated. A county treasurer is not himself 
allow^ed to purchase or own any warrant or claim against the 
county treasury. (A warrant here means an order for the pay- 
ment of money.) 

The revenue laivs are the laws relating to assessing, payment, 
and collection of taxes. To conceal property so as to escape 
assessment of taxes, or to carry on certain kinds of business w^ith- 
out paying the license or tax on such business, would be to violate 
the revenue laws. The treasurer must report all violations of the 
revenue laws of which he may have knowledge. 

The salary of the treasurer is paid by commissions — that is, 
allowances — by way of percentages on the amounts he receives. 
The commission varies from two per cent, (two dollars for every 
hundred dollars) on large amounts, to three and five per cent, on 
small receipts. 

Commissioner of the Revenue. 



Elected by the people for four years ; must reside in the 
district for which he is elected. Salary, commissions 
and fees. 

Duties. Shall ascertain and assess, when not otherwise 
assessed, all the property, real and joersonal, not exempt 
from taxation, in his county, district, or city, and the 



76 VIRGINIA CIVIL GOVERNMENT. 

person to whom the same is chargeable with taxes, all 
subjects of taxation, and also all male persons of full age 
and sound mind residing therein ; shall issue licenses ; 
register births and deaths ; and report violations of the 
revenue and penal laws. 

To ascertain all the property, real and personal, and the person 
to whom it is chargeable with taxes, is to find out where and what 
the property is and who is the owner, so that the proper tax may 
be assessed and charged against him. (For meaning of real and 
personal property, see under Circuit Courts, page 50.) 

Subjects of taxation means property on which taxes may be 
charged or assessed. Certain kinds of property are exempt — that 
is, free — from taxation in Virginia. All real estate or buildings 
owned by religious bodies and used as churches for divine worship 
are exempt from taxation. Public burying-grounds (cemeteries), 
real estate belonging to counties, cities, or towns, real estate be- 
longing to the University of Virginia and other institutions devoted 
to purposes of education, real estate belonging to various benevo- 
lent institutions, such as lunatic asylums and orphan asylums, and 
in general all real estate devoted to religious, charitable, or educa- 
tional uses, and not for profit to private individuals, are exempt 
from taxation. 

A license is a permission or authority to carry on certain kinds 
of business or certain professions. Attorney s-at-law, doctors, 
dentists, and persons who manufacture or sell liquors, owners of 
theaters, and public shows, and people who engage in many other 
sorts of business must have licenses. 

The licenses are issued or given out by commissioners of the 
revenue, and a certain sum must be paid for each, the money 
received being part of the public income or revenue for paying 
the expenses of government. Licenses are granted for a certain 
time. Many are granted for a year, and some for only a number 
of months or weeks or days. When the time specified in the 
license (which is a written or printed paper) expires, a new license 
must be obtained and another payment made. 

It is the duty of the commissioner of the revenue to register 
(record) the births and deaths in his district. At the time that he 
ascertains the personal property in his district which is to be 



COUNTY ORGANIZATION, 77 

taxed, he must ascertain the births and deaths that have occurred 
during" the past year, and enter or write the particulars in books 
kept by him for the purpose. He must write the name and date 
of birth of every child, and the name, address, and occupation of 
the father ; and he must enter the name and place of birth, and 
the names of the parents, of any person who has died. 

It is also the duty of the commissioner of revenue to report to 
the commonwealth's attorney any violation of the revenue or 
penal laws of which he may have knowledge. 

The number of commissioners of revenue is not the same in 
all the counties. A great many of the counties have four each, 
and some have less. In counties having more than one, each 
commissioner has a district for himself. 

Superinte;ndent of the Poor. 

Appointed by the Circuit Judge, on the recommendation of 
the Board of Supervisors, for a term of four years; must 
reside in the county or city for which he is elected. 
Salary, not to exceed $400. 

Duties. Shall have charge of the Poor-house, receive and 
care for the paupers sent to him by the Overseers of the 
Poor ; receive and disburse, under the direction of the 
Board of Supervisors, the poor levy ; make an annual 
report to the Board of Supervisors. 

In every county there is a poor-house, usually liaving a farm 
annexed, and in it paupers are received and cared for at the public 
expense, ^pauper is a poor person who has no means of living 
and is supported in a public or charitable institution. (For over- 
seer of the poor, see under District Organization.) 

The poor levy is the tax annually levied for the support of the 
poor-house. This levy is made by the Board of Supervisors 
(which see), and the amount collected is received and disbursed — 
that is, expended— by the superintendent of the poor for the pur- 
pose for which it is intended. 

The superintendent must make a report annually to the Board 
of Supervisors. Tliis means that he must make a statement for 
the board once every year, showing the number of paupers pro- 



78 VIRGINIA CIVIL GOVERNMENT. 

vided for during the year, giving the name of each and how long 
supported, and also showing the total amount of money expended, 
the work done on the farm, the crops raised, and other informa- 
tion and particulars relating to the management of the institu- 
tion. 

The salary of superintendents of the poor is not the same in all 
counties. It varies according to the population. 



County Surveyor. 

Appointed by the Circuit Courts on the recommendation of 
the Board of Supervisors, for four years ; must reside in 
the county for which he is appointed. Salary, fees and 
mileage. 

Duties. Shall promptly make surveys of land ordered by 
courts, and return true plat and certificate thereof ; 
establish meridian line ; locate land warrants. 



A surveyor is one who measures portions of land to ascertain 
their area, or who ascertains or fixes the boundaries, form, extent 
and position of any district or territory. 

The county surveyor must survey lands when ordered by the 
court, and make out and certify a true plat of such lands. A 
plat is a plan or map or chart. 

A meridian line^ as meant in the text, is a line located at some 
central and easily reached place in the county, running due north 
and south for not less than three hundred yards, and marked at 
each end of the three hundred yards upon a solid stone fixed in 
the earth. This line is necessary for various purposes of survey- 
ing and map making. There must be a meridian line marked in 
every county, and when a new county is formed it is the duty of 
the surveyor to establish a meridian line. 

To locate land warrants is to lay ofP (mark out) and survey 
portions of waste land belonging to the State for persons who 
have purchased any of such land. The warrants or orders for the 
land are issued by the register of the land office on receipt of the 
purchase money (see page 37). 



COUNTY ORGANIZATION. 79 

Superintendent of Public Schools. 
See Education. 

County Board of School Commissioners. 

See Education. 

Electoral Board. 

Appointed by the Circuit or Corporation Court for term of 
three years ; composed of three qualified voters^ residents 
of the county or city. Salary, $2 for each day of actual 
service, not to exceed $10 a year. 

Duties. Appoint for each election district of the county or 
city a registrar, who shall be a discreet citizen and resi- 
dent of the election district, and who shall serve for two 
years ; shall j)rovide for new registration when necessary ; 
shall appoint each year three competent citizens who are 
qualified voters, and who can read and write, to be 
judges of election for all elections in their respective 
election districts ; shall designate five of the judges of 
election to act as commissioners, who shall meet at the 
Clerk^s Office, open the election returns and ascertain 
from them the persons elected. 

There is an Electoral Board for each county and city. As the 
duties of the board may be performed in a few days each year, 
the total salary for each member is limited to $10 a year. 

An election district is constituted (made up) of a magisterial 
district in a county, and a ward in a city. For the former, see 
Magisterial Districts. For ward, see under Government of 
Cities and Towns. 

A registrar is an officer who registers or enters in books kept 
for the purpose the names of all persons in his district Avho are 
entitled to vote. He must be at his voting place on the second 
Tuesday in each year to register all qualified voters who shall 
apply to be registered, and ten days previous to the November 
6 



80 VIRGINIA CIVIL GOVERNMENT. 

elections he must sit one day to amend and correct tlie list 
where necessary, and to register qualified voters not previously 
registered. 

Judges of Election have already heen mentioned and some of 
their duties explained. (See page 14, also under Secretary of 
the Commonwealth^ page 32, and under Board of State Canvass- 
ers^ page 43, for manner of receiving and dealing with election 
returns.) 

Board of Supervisors. 

Composed of the Supervisors of the several magisterial dis- 
tricts of the county. Salary^ $3 per day and mileage. 
The County Clerk is the clerk of the Board. 

Duties. Shall audit the accounts of the county^ and issue 
warrants in payment of claims ; shall settle with tlie 
county officers^ and take the necessary steps to secure a 
satisfactory exhibit and settlement of the affairs of the 
county ; examine the books of the Commissioner of the 
Kevenue ; fix and order county levies and capitation tax ; 
raise money for county expenses ; represent the county ; 
have the care of the county property and the manage- 
ment of the business and concerns of the county in all 
cases not otherwise provided for. 

For supervisors of magisterial districts^ see under District 
Organization. 

The accounts of the county are the statements of public moneys 
received and expended by county officers. All such statements 
must be audited by the Board of Supervisors. An exhibit is a 
paper showing or proving the correctness of money accounts, such 
as a voucher or a receipt. A capitation tax is a tax on persons 
(from Latin caput, the head). A capitation tax is levied on all 
male persons over the age of twenty-one. The Board of Super- 
visors represents the county in all public matters, as in any action 
at law taken for or against the county, and it has the care and 
control generally of the pubKc property, and the direction of the 
public business affairs of the county. 



COUNTY ORGANIZATION, 81 

Assessors. 

Appointed for a term of four years; number same as the 
number of Commissioners of the Revenue; must be a 
resident of the district for which he is appointed. 
Salary, $3 for each day he is necessarily employed. 

Duties. Examine, immediately after appointment, all the 
lands and lots, with the improvements thereon, within 
their respective counties, districts, and corporations, and 
ascertain and assess the cash value thereof. 

The land within the districts is valued by the assessors with the 
object of fixing upon each property the tax to be levied. When 
the assessor of a district has completed his valuations and made a 
record of them, he must send a copy of the record to the auditor 
of public accounts, another to the commissioner of revenue for 
the district, and another must be filed and preserved in the office 
of the county clerk. 

Coroner. 



Appointed by the Governor upon the recommendation of the 
Circuit Court. A Justice of the Peace may act as 
Coroner. Salary, fees. 

Duties. To hold inquest over the dead bodies of those sup- 
posed to have been killed by violence ; may act as sheriff 
in certain cases. 

Every county must have at least one coroner, but a county 
may have more than one, if the circuit court thinks it necessary. 
In such case the court recommends the appointment of a second 
coroner and nominates two persons for the office. The governor 
appoints one of them. 

The business of the coroner is to hold an inquest or inquiry 
into every case of death supposed to have been caused by violence. 
The coroner's inquest is conducted much after the manner of a 



82 VIRGINIA CIVIL GOVERNMENT. 

jury trial. There is a jury of six persons, summoned by the 
sheriff or sergeant or constable, and sworn ' ' to diligently inquire, 
and true presentment make, when, how, and by what means the 
person came by his death." 

After witnesses have been examined and the whole case has 
been thoroughly investigated, the jury gives its verdict. If the 
jury should find that murder or assault was committed on the 
deceased, and should charge any person with the crime, the 
coroner issues his warrant for the arrest of the person, and if 
found he is arrested and held in prison until he is tried by a judge 
and jury. 

QUESTIONS. 

1. By whom are counties organized ? 

2. What is the advantage of a division of a State into counties ? 

3. What institutions must each county maintain ? 

4. What is the county seat 9 

5. What are county officers ? 

6. For how long is the sheriff elected, and how is he paid ? 

7. Mention some of the duties of the sheriff. 

8. What is a sentence f 

9. Define process and levies. 

10. What are the duties of the county clerk ? 

11. What is the term of the treasurer, and how is he paid ? 

12. Name some of the duties of the treasurer. 

13. What are the state revenues f 

14. How does the treasurer dispose of the moneys he receives ? 

15. What do you understand by a delinquent list 9 

16. What are the revenue laws ? 

17. For how long is the commissioner of the revenue elected ? 

18. How is he paid ? 

19. What do you understand by ascertaining all the property, real and 
personal ? 

20. What does subjects of taxation mean ? 

21. What is a license ? 

22. What are the duties of the commissioner of the revenue regarding 
births and deaths ? 

23. By whom is the superintendent of the poor appointed ? 

24. What is his term of office ? 

25. What are the duties of the superintendent of the poor ? 



COUNTY ORGANIZATIONS. 83 

26. Where are the poor received and cared for ? 

27. Define pauper, poor levy, and disbursed. 

28. What does the annual report of the superintendent of the poor 
tell? 

29. How is the county surveyor appointed, and how paid ? 

30. Mention some of the duties of the county surveyor. 

31. Define surveyor. 

32. What is a plat ? 

33. What is a meridian line ? 

34. What do you understand by locating land warrants 9 

35. By whom is the Electoral Board chosen, and for how long ? 

36. What is the board composed of, and what remuneration do its 
members receive ? 

37. What are the duties of the Electoral Board ? 

38. What is an electoral district ? 

39. What is a registrar, and what are his duties? 

40. Of whom is the Board of Supervisors composed? 

41. What salary do the members of this board receive ? 

42. Who is clerk of the board ? 

43. What are the duties of the Board of Supervisors ? 

44. What are the accounts of the county ? 

45. What is an exhibit ? 

46. What is a capitation tax ? 

47. Who appoints the assessors ? 

48. How many assessors are there, and what salary do they receive ? 

49. What are the duties of the assessors ? 

50. By whom is the coroner appointed, and how is he paid ? 

51. What are the duties of the coroner ? 

52. What do you understand by an inquest ? 

53. Tell how an inquest is conducted. 



IX. 
DISTRICT ORGANIZATION. 

Magisterial Districts, 

Each county shall be divided into as many compactly located 
magisterial districts as are necessary, not less than three. 

There must be at least three and not more than eleven magis- 
terial districts in each county, and in each district there must be 
one supervisor, three justices of peace, one constable, and one 
overseer of the poor. 

Supervisor. 

Elected by the people for four years; must be a resident of 
the district. 

Duties. A member of the Board of Supervisors ; shall in- 
spect the roads and bridges in his district. 

The general duties of the Board of Supervisors have been already 
explained, but each supervisor has special duties in his ovt^n dis- 
trict. He must inspect the public roads and bridges in his district 
twice every year to see that they are kept in repair, and he must 
once a year make a written report to the Board of Supervisors as 
to their condition. 

For the time he is actually employed in such service each super- 
visor receives two dollars a day, paid out of the public funds of his 
own district, but he is not allowed for such service more than 
thirty dollars in any one year. 

Justices of the Peace. 



Three in each district ; elected by the people for four years; 
must reside in the district, Salary^ fees. 



DISTRICT ORGANIZATION. 85 

Duties. Is a conservator of the peace ; must see that the 
laws are obeyed ; may issue warrants, attachments, etc. ; 
may hold court for the trial of causes. (See Justices^ 
Courts.) 

The jurisdiction of justices is fully explained under Justices' 
Courts. Justices of the peace receive no salaries, but they are 
allowed fees for the issuing and certifying of several kinds of legal 
documents. 

A conservator of the peace is a preserver of the peace. To pre- 
serve the peace is one of the chief duties of a justice of the peace, 
hence the title of his office. If he have good reason to believe 
that any person intends to commit an offence against another, it 
is the duty of a justice to issue a warrant for the arrest of such 
person, and to require him to give bail or security for his good 
behavior. 

In general it is the duty of the justice of the peace to do every- 
thing necessary to prevent, as w^ell as to punish, violations of the 
criminal law in his district. 

An attachment is a writ directing an officer of the law to arrest 
and bring into court a person who has been summoned to attend 
as a witness or a juror, but has failed to appear at the proper time. 

Constable. 

Elected by the people for four years; must reside in the dis- 
trict. Salary, fees. 

Duties. To make arrests ; to serve notices ; to execute any 
order, warrant, or process, legally directed to him ; at- 
tend Justices^ Courts; execute its judgments, levy at- 
tachments, collect fines, report violations of the penal 
laws; may act as sheriff in certain cases. 

The constable performs in his district the same sort of duties 
generally that the sheriff performs for the county. 
Overseer of the Poor. 

Elected by the people for four years ; must reside in the dis- 
trict. Salary, $2 for each day actually engaged, but not 
to exceed $20 per year. 



86 VIRGINIA CIVIL GOVERNMENT. 

Duties. Shall care for and assist persons unable to main- 
tain themselves^ who have a legal settlement in his dis- 
trict ; shall remove those not having a legal settlement ; 
shall prevent persons from going about begging ; may 
hold and administer certain property donated to charita- 
ble purposes ; may place in an asylum, or bind out as 
an apprentice, any minor found begging, or likely to 
become chargeable to the county. 

A legal settlemeyit in the case of a pauper is residence for one 
year in the district and three years in the State. Paupers not 
having a legal settlement may be removed to the place where they 
w^ere last legally settled, but a warrant of removal must be ob- 
tained from a justice of the county or district. 

A minor is a boy or girl under twenty-one years of age. 

Conservators of the Peace. 

Every judge throughout the State ; every justice, commis- 
sioner in chancery, and notary within his county or 
corporation ; conductors of railroad trains on their 
trains ; depot agents at their places of business ; masters 
of all steamers navigating the waters of the State on 
their respective vessels. 

A notary, or notary public, is an officer who attests or certifies 
deeds and other papers, under his official seal. Statements in 
writing that require to be attested for business or legal purposes 
are usually taken to a notary to be signed by him after the party 
has made oath that the statements are true. 

Conductors of railroad trains may arrest any persons who vio- 
late the peace on their trains, and keep such persons in custody 
until they can be given over to the proper authorities for trial. 
Railroad depot agents may do the same at their depots, and the 
masters or captains of steamers may do the same on their vessels 
while sailing in the waters within the State. This is what is meant 
by being conservators of the peace. Judges have the same power 
throughout the State, and justices, commissioners in chancery, 
and notaries within their districts. 



DISTRICT ORGANIZATION, 87 

School Districts. 

Each niagisterial district is also a school district, for which see 
under Education^ page 99. 

School Trustees. 



One school trustee is appointed annually for each school dis- 
trict ; see page 99. 

District Board of School Trustees. 

This board is composed of three trustees of the district ; for its 
duties, see page 99. 

QUESTIONS. 

1. How many magisterial districts is a county divided into? 

2. For how long is the supervisor elected? 

3. What are the duties of a supervisor? 

4. How many justices of the peace are elected for a district? 

5. What are the duties of a justice of the peace? 

6. What is a conservator of the peace? 

7. What is an attachment ? 

8. For how long is a constable elected ? 

9. What are the duties of the constable? 

10. For how long is the overseer of the poor elected? 

11. What remuneration does he receive? 

12. Name some of his duties. 

13. What is a legal settlement? 

14. What is a minor? 

15. Who are conservators of the peace? 

16. What is a notary? 

17. What provisions with regard to schools are mentioned as being 
made in the magisterial districts ? 



X. 
GOVERNMENT OF CITIES AND TOWNS. 

A City is an incorporated community containing within 
well-defined boundaries five thousand or more inhabi- 
tants. 

A Town is an incorporated community of less than five 
thousand inhabitants. 

A Council includes any body or bodies authorized to make 
ordinances for the government of a city or town. 

An incorporated town or city is a community chartered as a 
corporation, for explanation of which, see page 14. 

Ordinances are laws made by the council of a city or town for 
managing the public affairs of the city, or town. 

Council. 



In towns it is composed of the Mayor and six Councilmen^ 
elected every two years by the people of the town on 
the second Tuesday in June. The Mayor and each 
Councilman have the power and authority of a justice 
in civil matters within the corporate limits, and in 
criminal matters within these limits and one mile be- 
yond them ; may issue processes, and may hear and 
determine prosecutions, etc. In cities the Councilmen 
of each ward are elected by the people of such ward. 
The Council of cities of over ten thousand inhabitants 
is made up of two branches : — the Board of Aldermen 
and the Common Council, all of whom are elected for 
four years, one-half being chosen every two years. These 



GOVERNMENT OF CITIES AND TOWNS. 89 

provisions may be modified by the city charter. Members 
of Common Council shall hold no other office in cities ; 
no city officer shall hold a seat in the General Assembly. 

It is the aim of the Constitution that, so far as possible, all 
cities shall be organized under general laws. 

A city charter is the law under which the city is governed. It 
is passed by the General Assembly, and it makes the city a corpo- 
ration. It states what powers the corporation may exercise and 
what ofiicers it may appoint or elect to carry on its government. 

A charter is for a city what a constitution is for a State. It 
prescribes the system under which the city is to be governed. 

The powers of the mayor and the councilmen as justices are 
modified — that is, regulated — by the city charter, so that they 
may not be exactly the same in all cities. 

Cities are divided into districts called wards, and each ward 
elects a certain number of councilmen. 

Powers. To levy taxes ; create corporate debt ; impose tax 
on licenses ; enact ordinances^ and prescribe fines or 
other punishment for the violation thereof ; appoint a 
collector of taxes^ and other officers ; disburse all money 
collected or received for the corporation ; lay off and 
keep in order streets and public grounds ; provide neces- 
sary buildings, a fire department, water works, ceme- 
teries, etc. ; abate nuisances ; establish election districts ; 
alter and rearrange wards ; provide for weighing articles 
of merchandise ; judge of tne election, qualification, and 
returns of its own members ; protect the j^roperty of 
the city, and preserve peace and good order therein. 

To create corporate debt is to borrow money for carrying out 
purposes of city government. Charters of cities give power to 
borrow money for such purposes. 

A nuisance is anything that is annoying or offensive, or 
dangerous to the health of citizens. 

The council may provide in various parts of the city public 
weighing machines for weighing articles of merchandise pur- 



90 VIRGINIA CIVIL GOVERNMENT, 

chased by citizens who may wish to ascertain whether they have 
got honest weight. 

To protect the property of the city and to preserve peace and 
order is the most important business of the council. For this 
purpose it has power to organize and maintain a pohce force. 

Mayor of City. 

Elected by the people of the city for a term of four years ; 
presides over the Council ; and his powers and duties 
may be modified by the city charter. 

Duties. The chief executive officer of the city ; shall see 
that the duties of the various city officers are faith- 
fully performed ; may suspend for cause all town or 
city officers. 

To suspend an officer is to remove him from his office for a 
time until any charge made against him of neglect of duty is 
investigated and decided on. 

City Sergeant. 

Elected by the people for four years. 

Duties. Shall perform the duties, etc., prescribed by the 
city charter ; and shall also within the jurisdiction of 
the courts of his city exercise the same powers, perform 
the same duties, and be subject to the same liabilities as 
the sheriff of a county ; in towns he shall have the 
same powers and discharge the same duties as constables, 
within the corporate limits and for one mile beyond 
them ; shall be the executive officer of the Corporation 
Court. 

Liability means responsibility. Sheriffs are responsible or 
answerable for the performance of their duties, and if they fail to 
perform them they may be fined or imprisoned. City sergeants 
are under the same liabilities. 



GOVERNIIENT OF CITIES AND TOWNS, 91 

City Clerk. 

Elected by the people for eight years. See under Officers of 
Court. 

Commissioner of the Revenue. 

Elected by the people for four years. See County Organiza- 
tion. 

Commonwealth's Attorney. 

Elected by the people for four years. See County Organiza- 
tion. 

Treasurer. 

Elected by the people for four years. See County Organiza- 
lion. 

Sheriff of Richmond City. 

Elected by the people for four years. 

Duties. Shall attend the Ch^cuit and Chancery Courts^ and 
act as their executive officer ; shall exercise the same 
powers, perform the same duties, have the same fees 
and compensation therefor, and be subject to the same 
penalties touching all processes issued by said courts, or 
by the clerks thereof, or otherwise lawfully directed to 
him, that the sheriff of a county exercises, performs, 
and is entitled or subject to in his county. 

City Superintendents of Schools. 

Superintendents of Schools for cities are appointed by the 
State Board of Education. See under Education, page 

97. 



92 riRGmiA CIVIL GOVERNMENT. 

QUESTIONS. 

1. Define city, town, council. 

2. What are ordinances ? 

3. Of whom is the council composed ? 

4. What is the term of office of a member of council ? 

5. What are the powers of the council ? 

6. How are the Councilmen in cities elected ? 

7. In cities of over ten thousand inhabitants how is the Council 
made up ? 

8. Of whom is the Common Council composed ? 

9. Are members of this body permitted to hold any other office ? 

10. What is a city charter ? 

11. What do you understand by the powers of the mayor and the 
councilmen as justices being modified 9 

12. What are wards ? 

13. Name some of the powers of the council. 

14. What does creating corporate debt mean ? 

15. What is a nuisance ? 

16. What is the most important business of the council ? 

17. How is the mayor of a city chosen, and what is his term of office ? 

18. What are the mayor's duties ? 

19. What does suspending an officer mean ? 

20. How is the city sergeant chosen, and what is his term of office ? 

21. Name some of his duties. 
p 22. What does liability mean ? 

I 23. What is the term of office of the commissioner of the revenue, the 

commonwealth's attorney, and the treasurer ? 

24. How long does the sheriff of Richmond City hold office ? 

25. Name some of his duties. 

26. Who appoints superintendents of schools for cities ? 



XL 
EDUCATION, 

State. — Board of Education. 

Composed of the Governor, Superintendent of Public In- 
struction, Attorney-General, three experienced educators 
elected from the faculties of certain State institutions, 
one City Superintendent of Schools, and one County 
Superintendent of Schools. These eight constitute the 
State Board of Education, and their several powers and 
duties as members of the Board are identical except that 
the two division superintendents shall not participate 
in the appointment of any public school oflBcial. 

This Board shall have the management and investment of 
school funds ; make by-laws for its own government, 
and for carrying into effect the school laws ; audit 
claims payable out of State funds ; arrange for summer 
normal schools of teachers for instruction in processes 
of school organization, discipline, and management ; 
select text-books and educational appliances for use in 
the public schools of the State ; appoint (and remove), 
subject to confirmation by the Senate, all county and 
city superintendents, and regulate all matters arising in 
the practical administration of the school system not 
otherwise provided for. 

The three State oflBcers are ex officio members of the Board. 



94 VIRGINIA CIVIL GOVERNMENT. 

The three experienced educators are elected quadrennially by 
the Senate from a list of eligibles consisting of one from each of 
the faculties and nominated by the respective boards of visitors 
or trustees of the University of A'irginia, the Virginia Military 
Institute, the Virginia Polytechnic Institute, the State Female 
Normal School at Danville, the School for the Deaf and Blind, 
and also of the College of William and Mary so long as the 
State continues its annual appropriation to the last-named insti- 
tution. The city and county superintendents are selected by the 
other six members for terms of two years each. 

School funds are moneys set apart or provided for the support 
of schools. In Virginia, school funds are provided by the State, 
the counties, and the districts (see under School Funds). 

By-laws are laws or rules made by'any association for the man- 
agement of its affairs. The Board of Education makes by-laws 
for its own government and for administering the laws relating 
to the schools. 

Claims payable out of State funds are claims which by law 
are to be paid out of the State funds. Such claims must be audited 
by the Board of Education. The salaries and expenses of State 
education officers are paid out of the State fund, and portions of 
the fund are divided among the counties and cities for the sup- 
port of schools. 

By arranging for meetings of teachers for instruction in the 

processes of school organization, discipline, and instruction, the 

State Board of Education does much to improve the schools of 

the State, and the great yearly institutes are of the highest value 

. to the schools. 

One of the most important duties of the State Board is in con- 
nection with the selection of text-books and the approval of 
educational appliances for the equipment of schools. 

The general duties of the State Board of Education consist in 
regulating all matters arising in the practical administration of 
the school system not otherwise provided for. Uniformity of 
practice throughout the schools of the State is of the greatest im- 
portance, and the State Board wisely secures this by keeping in 
constant correspondence with officers and teachers throughout 
the system. 

The State Board of Education chooses its own secretary, who is 



EDUCATION. 95 

entrusted with many important duties in carrying out the plans 
and work of the board. 

As all division superintendents are appointees of the State 
Board, it is provided in the Constitution that the two who are 
members of the State Board shall not participate in the election 
of school officers. 

Superintendent of Public Instruction. 

Elected by the people of the State for four years ; salary^ 
$2^000^ and necessary traveling expenses ; shall have his 
office at the capital ; shall be the chief executive of the 
public free school system ; shall determine the true in- 
tent and meaning of the school laws ; shall receive re- 
ports from school officers ; inspect schools, and decide 
appeals from the decisions of county superintendents ; 
apportion State funds among the counties and cities of 
the State. 

The public free school system is the system under which, as re- 
quired by the law of Virginia, the public schools are free to all 
persons between the ages of five and twenty-one years residing 
within the school districts. 

The superintendent of public instruction is the chief executive 
officer of the system, and when any dispute arises among school 
officers as to the meaning or application of school laws, it is his 
duty to determine — that is, to decide — it. 

The superintendent of public instruction is also to a large ex- 
tent a judicial officer, and his decisions as to the true intent and 
meaning of the school laws have very nearly as much force as 
the decisions of the courts. 

The reports received from school officers by the State superin- 
tendent are embodied in his report made every two years to the 
governor, and by him transmitted to the General Assembly. 

This report, in addition to the information received from the 
county and city superintendents, contains a large amount of 
statistics and reports in regard to private schools, colleges, and 
other institutions which are more or less under the care and sub- 
ject to the control of the State. 



96 VIRGINIA CIVIL GOVERNMENT, 

County. — County and City Superintendents. 

Term^ four years^ beginning July 1st after appointment ; 
must reside in the county or city for which he is elected, 
and shall hold no elective office ; shall explain the school 
system, examine teachers and grant certificates, promote 
the improvement and efficiency of teachers, advise with 
and counsel trustees and teachers, visit and examine 
schools under his care and inquire into whatever con- 
cerns their usefulness and perfection ; decide appeals and 
complaints ; administer oaths and take testimony ; ap- 
portion the school funds among the districts. 

The county and city superintendents must hold examinations 
at certain times in their counties or cities to examine persons de- 
siring to become teachers, and if, after examination, such per- 
sons are found qualified, they receive certificates as teachers. 

In any case of appeal or complaint against any person con- 
nected with the schools in their districts the county or city super- 
intendents must hold inquiry into the matter and give decision 
upon it. In making such inquiry they can call witnesses and 
administer oaths to such witnesses before taking their testi- 
mony. 

It is also the duty of the superintendents to prepare annually 
a scheme or plan for apportioning the State and county school 
funds among the school districts under their supervision. 

School Trustee Electoral Board. 



Composed of the County Superintendent of Schools, the 
Commonwealth's Attorney, and a resident qualified voter, 
not a county or state officer, to be appointed by the 
Judge of the Circuit Court ; shall fill all vacancies in the 
district boards of school trustees. In cities and towns 
school trustees are appointed by municipal councils. 

A vacancy occurs every year in each district board. The dis- 
trict board when first formed was composed of three members, 



EDUCATION. 97 

one to serve three years, one to serve two years, and the other to 
serve one year, all appointments afterwards to he for three years 
each. Thus there is one vacancy every year in the board, and 
it is the duty of the School Trustee Electoral Board to appoint a 
new trustee to fill the vacancy. 

County School Board. 

Composed of the County Superintendent (who is ex officio 
president) and the District School Trustees of the 
county — "2^ body corporate^" ; shall make necessary by- 
laws and regulations, shall have a regular annual meeting 
between the 1st and 15th of August ; shall prepare and 
file with the Superintendent before July leoth an esti- 
mate of the amount of money that will be needed for 
public school purposes in the county for the next year, 
also a similar list for each school district based on the 
estimate of the District Board, which lists the Superin- 
tendent shall lay before the Board of Supervisors ; shall 
make settlement with treasurers and school officers; shall 
administer certain properties devoted to school purposes. 

Ex officio is a Latin phrase meaning by virtue of office. The 
county superintendent is president of the County School Board, 
not by election or appointment, but because of his office as count}^ 
superintendent. 

A body corporate is a corporation, the meaning of which term 
is explained on page 14. 

Property of any kind, either public funds or donations from 
private persons, set apart or devoted to school purposes in the 
county is administered by the County School Board — that is, 
managed and used by the board for the support of schools in the 
county. 

District. — School Districts. 



Each county shall be divided into compactly located school 
districts, which shall correspond with the magisterial 
districts, unless specially subdivided ; except that a town 
7 



VIRGINIA CIVIL GOVERNMENT. 

of five hundred or more inhabitants may form a separate 
school district. 

School Trustees. 



One shall be appointed annually for each district for a term 
of three years ; must be able to read and write. 

School trustees are appointed annually by the School Trustee 
Electoral Board, as explained above. 

District Board of School Trustees. 



^^ A body corporate ^^ — composed of the three trustees of the 
district ; shall hold and manage the school property of 
the district ; provide suitable school houses^ etc.; enforce 
school laws ; employ and dismiss teachers ; suspend and 
dismiss pupils ; see that census of children of school age 
(5 to 21) is taken every five years ; submit to the County 
School Board annually an estimate of the amount of 
money needed for public school purposes in the district 
for the next scholastic year. 

In cities the Board is composed of all the trustees in the city, 
and its duties and powers are modified and enlarged. 

The census of children is the numbering or counting of the 
children residing in the district. 

The scholastic year is the part of the year during which the 
schools are open. 

The District Board of School Trustees has the whole care and 
administration of the schools in its charge, and is thus the most 
important local body in the civil government of the State. 

School Funds. 



1. State Funds. The interest on the literary fund, the 

capitation tax, and a tax on property of one mill on the 
dollar. 

2. County Funds. Such tax as the Board of Supervisors 



SCHOOL FUNDS, 99 

may levy for county school purposes ; fines and penalties 
imposed on the Superintendent ; donations, or the income 
arising therefrom. 

3. District Funds. Such tax as the Board of Supervisors 
may levy for the purposes of the school district ; fines 
and penalties imposed on district school officers and 
teachers ; donations, or income arising therefrom. 

The County or City Treasurer receives and pays out all 
school funds. 

For explanation of literary fund ^ see page 37, and for capitation 
tax, see page 82. The tax of one mill on the dollar means a tax 
of one mill on each dollar of the assessed valuation of the property. 

Certain fines and other money penalties may be imposed by the 
Board of Education or by the courts or county superintendents 
for failing or refusing to perform certain duties. Such fines and 
penalties are added to the school fund for the county. 

When district school officers or teachers are fined for neglect 
of duty the money goes to the district fund. Donations are con- 
tributions or gifts from private individuals. If such gifts are real 
estate, the income arising therefrom is the rent of such real 
estate or the interest on the amount realized by its sale. 

Teachers. 

Must hold a certificate of qualification in full force^ issued 
or approved by the Superintendent of Schools of the 
county or city within which he proposes to teach. 

The law requires that a teacher must be at least eighteen years 
of age. If the teacher has the necessary education to pass the 
required examination, a certain maturity is necessary to insure 
good judgment in the government and discipline of the school. 

The value and success of all government depend largely upon 
the character and ability of those in authority, and this is espe- 
cially true in the government of the school. 

For teachers' certificates of qualification, see above under 
County and City Superintendents. 
LofC. 



100 VIRGINIA CIVIL GOVERNMENT. 

QUESTIONS. 

1. Who compose the Board of Education? 

2. Name some of the duties of this board. 

3. What is meant by nomination being subject to confirmation by 
the Senate ? 

4. What are school funds? 

5. What are by-laws? 

6. What are claims payable out of State Funds? 

7. What important work is done at the meetings of teachers arranged 
by the State board of Education? 

8. What very important duty has the State Board to perform in 
reference to books? 

9. What are the general duties of the board? 

10. How is the superintendent of public instruction chosen? 

11. What is his salary? 

12. What are his duties ? 

13. What is the public free school system? 

14. What is the extent of the power of the superintendent of public 
instruction ? 

15. How often does the superintendent report to the General Assem- 
bly, and what information does his report contain? 

16. Who appoints county and city superintendents, and what is their 
term of office? 

17. Name some of the duties of these officers. 

18. Who compose the School Trustee Electoral Board? 

19. What are their duties ? 

20. Who compose the County School Board ? 

21. Name some of the duties of this board. 

22. How are school districts laid out? 

23. How are school trustees chosen, and what is their term of office? 

24. Of whom is the District Board of School Trustees composed ? 

25. Name some of the powers of this board. 

26. Of whom is the City Board of Trustees composed? 

27. What is the census of children ? 

28. What is a scholastic year? 

29. Tell what State funds, county funds, and district funds are. 

30. Who receives and pays out all school funds? 

31. What does the tax of one mill on the dollar mean? 

32. From what sources besides the tax on property are school funds 
obtained ? 

33. What are the qualifications of teachers? 



OUTLINE OF COLONIAL AND STATE 
HISTORY. 

1497. John Cabot discovered Labrador, the basis of the 

English title to Virginia. 
1585. Virginia was so named by Queen Elizabeth in honor 

of her unmarried state. 

1606. Charter granted to the London Company. 

1607. Settlement at Jamestown. 

John Smith, '""the Father of the Colony/^ rescued 
from death by Pocahontas, the daughter of Pow- 
hatan, the King of the Pamunkey Indians. 

1608. John Smith President of the Colony. 

1609. The London Company receives its second Charter. 

1610. ^^ The Starving Time.'' 

1612. Culture of tobacco commenced. 

1613. Pocahontas marries John Eolfe. 

1617. Death of Pocahontas at Gravesend, England. 

1618. ''The Great Charter of Virginia'' granted by the 

London Company. 

1619. Slave's landed from a Dutch ship. 

First Colonial Assembly meets at Jamestown, July 30. 

1621. Formal grant of free government by a written charter. 
A Council of State and a General Assembly estab- 
lished — the model of every subsequent provincial 
form of government. 

1622. Massacre of settlers by Indians under Opechanca- 

nough. 
1624. Fall of the London Company. 

Virginia becomes a royal province. 



102 VIRGINIA CIVIL GOVERNMENT. 

1644. Second Indian Massacre. Opechancanough captured 

and killed. 
1652-60. Virginia under the Commonwealth. 
1660. Called the '' Old Dominion.^' 

Navigation Acts put into operation by British Govern- 
ment. 
1673. Grant to Lords Culpeper and Arlington of immense 

estates by Charles II. 
1676. Bacon's Eebellion. 
1693. William and Mary College chartered. 
Postal System adopted. 

1698. The seat of government removed to Williamsburg. 

1699. The Huguenots settle in Virginia. 

1700. First Commencement of William and Mary College. 

1732. Scotch-Irish and Germans settle in the Shenandoah 

Valley. 
George Washington born February 22. 

1733. Founding of Eichmond at the Falls of the James. 

1736. First Virginia Newspaper — '* The Virginia Gazette/' 
Norfolk incorporated. 

1737. Eichmond laid out by Col. William Byrd. 

1742. Eichmond incorporated. 

1743. Thomas Jefferson born April 2. 

1754. The French and Indian War begun. Battle of Great 

Meadows. 
French defeated by Colonists under George Washing- 
ton. 

1755. Braddock defeated in his attack on Fort Duquesne. 
1758. Fort Duquesne captured by English and Virginia 

troops. 

1763. ''The Parsons' Case." Patrick Henry's Famous 

Speech. 
End of the French and Indian War. 

1764. Battle of Point Pleasant (now in West Virginia). 

1765. Eesolutions of the House of Burgesses against taxation 

without representation. 



OUTLINE OF HISTORY, 103 

1765. The British Parliament passes the Stamp Act. 

1766. Stamp Act repealed by Parliament. 

1767. Parliament imposes a tax on tea and other articles. 
1769. Virginia resolves passed by the House of Burgesses, 

May 16. 

1774. The first Continental Congress met at Philadelphia, 

September 5. 

1775. Convention at Eichmond ^^to organize a provincial 

form of government and a plan of defense for the 
Colony.^' 
End of royal government in Virginia. Committee of 
Safety appointed. 

1776. Constitution and Bill of Eights adopted. 
Declaration of Independence written by Thomas Jef- 
ferson signed in Philadelphia, July 4. 

1779. The seat of government removed to Eichmond. 
Conquest of the Northwest Territory by Col. George 

Eogers Clarke. 

1780. Virginia troops defeat the British at Kings's Mountain, 

October 7. 

1781. Eichmond captured by British under Benedict Arnold, 

in January. 
Cornwallis surrendered at Yorktown, October 19. 
Cession of the Northwest Territory to the Federal 
Government. 
1785. Act of Eeligious Freedom. 

1787. Constitution of the United States adopted in conven- 

tion of which George Washington was President. 

1788. Eatifies the Constitution of the United States. 

1789. Washington inaugurated first President of the United 

States, April 30. 
1799. George Washington died December 14. 
1807. Eobert E. Lee born January 19. 
1819. University of Virginia established. 
1826. Thomas Jefferson died July 4. 
'1830. Constitution of the State amended. 



104 VIRGINIA CIVIL GOVERNMENT. 

1852. Constitution of the State again amended. 
1859. John Brown^s attack on Harper^s Ferry. 

1861. Ordinance of Secession passed by the Convention. 
Eichmond the Capital of the Southern Confederacy. 
Confederate Congress assembled at Eichmond, July 20. 
First battle of Manassas, July 21. 

1861-65. Virginia the principal battle ground of the ^^ War 
between the States/'' 

1862. Battle between the '^ Virginia'' and the '* Monitor/' 

March 9. 

1863. West Virginia formed and admitted to the Union. 
1865. Provisional Government established in Virginia, May 9. 

' 1869. Constitution amended. 

Virginia readmitted to the Union. 
1870. State enacts a liberal system of public education. 

Eobert E. Lee died October 12. 
1881. Centennial of the surrender of Cornwallis at Yorktown. 
1902. New Constitution in force July 10. 

COLONIAL GOVERNORS. 

1607. Capt. Edward Maria Wingfield, President of the 

Council under first Charter of the London Com- 
pany. 
Capt. John Eatcliffe, President of the Council. 

1608. Capt. John Smith, President of the Council. 

1609. Sir George Percy, Acting President of the Council. 

1610. Lord Delaware, first Governor under new Charter of 

1609. 
Sir Thomas Gates, Lieutenant-Governor under Lord 
Delaware. 

1611. Sir Thomas Dale, High Marshal under Lord Delaware. 

1616. Sir George Yeardley, Lieutenant-Governor under Lord 

Delaware. 

1617. Samuel Argall, Lieutenant-Governor under Lord Dela- 

ware. 



OUTLINE OF HISTORY, 105 

1619. Sir George Yeardley^ first Governor under the '' Great 
Charter of Virginia '^ granted by the London Com- 
pany. 

1621. Sir Francis Wyatt, second Gove^-nor under the ^^ Great 
Charter/^ Put into effect the new constitution. 

1626. Sir George Yeardley, third Governor under the '' Great 

Charter. '^ 

1627. Francis West^, fourth Governor under the '' Great 

Charter. '^ 
1629. John Potts, fifth Governor under the ^' Great Charter. ^^ 
Sir John Harvey, first Koyal Governor, appointed by 
King Charles I. 

1635. John West, acting Governor, in place of Harvey de- 

posed by the people. 

1636. Sir John Harvey, reinstated by the King. 
1639. Sir Francis Wyatt, Royal Governor. 

1642. Sir William Berkeley, Royal Governor. Deposed by 
the Commonwealth in 1652. 

1652. Richard Bennett, first Governor under the Common- 
wealth. 

1655. Edward Digges, second Governor under the Common- 

wealth. 

1656. Samuel Matthews, third Governor under the Common- 

wealth. 

1660. Sir William Berkeley elected by the House of Bur- 

gesses and reappointed by Charles II. after the 
Restoration. 

1661. Col. Francis Moryson, Acting Governor. 

1663. Sir William Berkeley reappointed and continued to 

act as Governor until 1677. 
1675. Lord Culpeper appointed Royal Governor for life by 

Charles 11. , but did not act as such until 1680. 

1677. Sir Herbert Jeffreys, Lieutenant-Governor and Acting 

Governor in absence of Lord Culpeper. 

1678. Sir Henry Chickeley, Lieutenant-Governor and Acting 

Governor in absence of Lord Culpeper. 



106 VIRGINIA CIVIL GOVERNMENT. 

1684. Lord Howard of EflBngbam appointed Governor to 
succeed Lord Culpeper^ deposed in 1683. 

1688. Nathaniel Bacon^ Lieutenant-Governor and Acting 
Governor. 

1690. Francis JSTicholson^ first Eoyal Governor appointed 
after the Revolution of 1688. 

1692. Sir Edmund Andros^ Royal Governor. Founded Wil- 
liam and Mary College. 

1698. Francis Nicholson^ Royal Governor. Removed capital 
to Williamsburg. 

1704. George Hamilton Douglas^ Earl of Orkney^ Royal Gov- 

ernor. 

1705. Edward JSTott^ Lieutenant-Governor and Acting Gov- 

ernor. 

1706. Edmund Jennings, Lieutenant-Governor and Acting 

Governor. 

1710. Robert Hunter, Lieutenant-Governor and Acting Gov- 
ernor. 
Alexander Spotswood, Lieutenant-Governor and Act- 
ing Governor. 

1722. Hugh DrysdalC;, Lieutenant-Governor and Acting 
Governor. 

1726. Robert Carter, Lieutenant-Governor and Acting Gov- 

ernor. 

1727. William Gooch, Lieutenant-Governor and Acting 

Governor. 
1737. AVilliam A. Keppel, Earl of Albemarle, Royal Gov- 
ernor. 

1749. John Robinson, Lieutenant-Governor and Acting Gov- 

ernor. 

1750. Thomas Lee, Lieutenant-Governor. Died immedi- 

ately after his appointment. 
Louis Burwell, Lieutenant-Governor and Acting 
Governor. 
1752. Robert Dinwiddie, Lieutenant-Governor. First ex- 
plored the Valley. 



OUTLINE OF HISTORY. 



107 



1756. 



1758. 



1763. 

1768, 



1770. 

1772. 
1775. 



John Campbell, Earl of Loudoun, Eoval Governor. 

Kobert Dinwiddle, Lieutenant-Governor and Acting 
Governor. 

John Blair, Lieutenant-Governor and Acting Gov- 
ernor. 

Francis Fauquier, Lieutenant-Governor and Acting 
Governor. 

Jeffrey Amherst, Lord Amherst, Eoyal Governor. 

John Blair, Lieutenant-Governor and Acting Gov- 
ernor. 

Norborne Berkeley, Lord Botetourt, Eoyal Governor. 

William Nelson, Lieutenant-Governor and Acting 
Governor. 

Lord Dunmore, Eoyal Governor until the Eevolution. 

Edmund Pendleton, President of the Committee of 
Safety. 



STATE GOVERNORS. 



1776-1779. 
1779-1781. 
1781. 
1781-1784. 

1784-1786. 

1786-1788. 



1788- 
1791- 
1794- 
1796- 
1799- 
1802- 
1805- 



1791. 
1794. 
1796. 
1799. 
1802. 
1805. 
■1808. 



1808-1811. 



Patrick Henry. 

Thomas Jefferson. 

Thomas Nelson. 

Benjamin Harri- 
son. 

Patrick Henry. 

Edmund Ean- 
dolph. 

Beverly Eandolph. 

Henry Lee. 

Eobert Brooks. 

James Wood. 

James Monroe. 

John Page. 

William H. Ca- 
bell. 

John Tyler. 



1811. 
1811-1812. 



1812-1814. 
1814-1816. 

1816-1819. 

1819-1822. 

1822-1825. 
1825-1827. 
1827-1830. 
1830-1834. 
1834-1836. 



James Monroe. 

George William 
Smith, Lieuten- 
ant-Governor. 

James Barbour. 

Wilson Cary 
iSTichols. 

James P. Pres- 
ton. 

Thomas M. Ean- 
dolph. 

James Pleasants. 

John Tyler. 

William B. Giles. 

John Floyd. 

Littleton Waller 
Tazewell. 



108 



VIRGINIA CIVIL GOVERNMENT. 



1836-1837. 



1837-1840. 
1840-1841. 

1841. 
1841-1842. 



1842- 
1843- 
1846- 
1849- 
1852- 
1856- 



1843. 

■1846. 
1849. 
1852. 
■1856. 
1860, 



1860-1864. 



Wyndham Eobert- 
son, Lieutenant- 
Governor. 

David Campbell. 

Thomas Walker 
Gilmer. 

John M. Patton. 

John Kntherford^ 
Lieutenant-Gov- 
ernor. 

John M. Gregory. 

James McDowell. 

William Smith. 

John B. Floyd. 

Joseph Johnson. 

Henry Alexander 
Wise. 

John Letcher. 



1864-1865. 
1865-1868. 

1868-1869. 
1869-1873. 

1873-1877. 

1877-1881. 

1881-1885. 

1885-1889. 
1889-1893. 

1893-1897. 

1897. 
1901. 



W^illiam Smith. 

Francis H. Pier- 
pont. 

Henry H. Wells. 

Gilbert C. Walker. 

James L. Kemp- 
ner. 

Frederick W. M. 
Holliday. 

William E. Cam- 
eron. 

Fitzhugh Lee. 

Philip W.McKin- 
ney. 

Charles T. OTer- 
rall. 

J. Hoge Tyler. 

A. J. Montague. 



CONSTITUTION OF VIRGINIA. 



WHiereas, pursuant to an act of the General Assembly of Virginia, 
approved March the fifth, in the year of our Lord nineteen hundred, 
the question, " shall there be a convention to revise the Constitution 
and amend the same?" was submitted to the electors of the State 
of Virginia, qualified to vote for members of the General Assembly, at 
an election held throughout the State on the fourth Thursday in May, 
in the year nineteen hundred, at which election a majority of the 
electors so qualified voting at said election did decide in favor of a 
convention for such purpose; and. 

Whereas, the General Assembly at its next session did provide 
by law for the election of delegates to such convention, in pursu- 
ance whereof the members of this Convention were elected by the 
good people of Virginia, to meet in convention for such purpose. 

We, therefore, the people of Virginia, so assembled in Convention 
through our representatives, with gratitude to God for His past fa- 
vors, and invoking His blessings upon the result of our deliberations, 
do ordain and establish the following revised and amended Constitu- 
tion for the government of the Commonwealth: 

ARTICLE I. 

BILL OF RIGHTS. 

A DECLARATION OF RIGHTS, made hy the representatives of the 
good people of Virginia assembled in full and free Conventio7i; 
which rights do pertain to them and their posterity, as the Basis 
and Foundatio7i of Government. 

Section L That all men are by nature equally free and inde- 
pendent, and have certain inherent rights, of which, when they enter 
into a state of society, they cannot, by any compact, deprive or 
divest their posterity; namely, the enjoyment of life and liberty, 
with the means of acquiring and possessing property, and pursuing 
and obtaining happiness and safety. 

Sec. 2. That all power is vested in, and consequently derived 
from, the people; that magistrates are their trustees and servants, 
and at all times amenable to them. 

Sec. 3. That government is, or ought to be, instituted for the 
common benefit, protection and security of the people, nation or 
community; of all the various modes and forms of government, 
that is best, which is capable of producing the greatest degree of 
happiness and safety, and is most eti'ectually secured against the 
danger of maladministration; and, whenever any government shall 



110 VIRGINIA CIVIL GOVERNMENT. 

be found inadequate or contrary to these purposes, a majority of 
the community hath an indubitable, inalienable, and indefeasible 
right to reform, alter or abolsh it, in such manner as shall be judged 
most conducive to the public weal. 

Sec. 4. That no man, or set of men, is entitled to exclusive or 
separate emoluments or privileges from the community, but in con- 
sideration of public services; which not being descendible, neither 
ought the offices of magistrate, legislator or judge to be hereditary. 

Sec. 5. That the legislative, executive, and judicial departments 
of the State should be separate and distinct; and that the members 
thereof may be restrained from oppression, by feeling and partici- 
pating the burthens of the people, they should, at fixed periods, be 
reduced to a private station, return into that body from which they 
were originally taken, and the vacancies be supplied by regular elec- 
tions, in which all or any part of the former members shall be again 
eligible, or ineligible, as the laws may direct. 

Sec. 6. That all elections should be free, and that all men, 
having sufficient evidence of permanent common interest with, and 
attachment to, the community, have the right of suffrage, and can- 
not be taxed, or deprived of, or damaged in, their property for public 
uses without their own consent, or that of their representatives duly 
elected, or bound by any law to which they have not, in like man- 
ner, assented for the public good. 

Sec. 7. That all power of suspending laws, or the execution of 
laws, by any authority, without consent of the representatives of 
the people, is injurious to their rights, and ought not to be exercised. 

Sec. 8. That no man shall be deprived of his life, or liberty, ex- 
cept by the law of the land, or the judgment of his peers; nor shall 
any man be compelled in any criminal proceeding to give evidence 
against himself, nor be put twice in jeopardy for the same offence, 
but an appeal may be allowed to the Commonwealth in all prose- 
cutions for the violation of a law relating to the state revenue. 

That in all criminal prosecutions a man hath a right to demand 
the cause and nature of his accusation, to be confronted with the 
accusers and witnesses, to call for evidence in his favor, and to a 
speedy trial by an impartial jury of his vicinage, without whose 
unanimous consent he cannot be found guilty; provided, however, 
that in any criminal case, upon a plea of guilty, tendered in per- 
son by the accused, and with the consent of the attorney for the 
Commonwealth, entered of record, the court shall, and in a prosecu- 
tion for an offence not punishable by death, or confinement in the 
penitentiary, upon a plea of not guilty, with the consent of the 
accused, given in person, and of the attorney for the Common- 
wealth, both entered of record, the court, in its discretion, may 
hear and determine the case, without the intervention of a jury; 
and, that the General Assembly may provide for the trial of of- 
fences not punishable by death, or confinement in the penitentiary, 
by a justice of the peace, without a jury, preserving in all such cases, 
the right of the accused to an appeal to and trial by jury in the cir- 
cuit or corporation court; and may also provide for juries consisting 
of less than twelve, but not less than five, for the trial of offences 



CONSTITUTION OF VIRGINIA, 111 

not punishable by death, or confinement in the penitentiary, and may 
classify such cases, and prescribe the number of jurors for each class. 

Sec. 9. That excessive bail ought not to be required, nor exces- 
sive fines imposed, nor cruel and unusual punishments inflicted. 

Sec. 10. That general warrants, whereby an officer or messenger 
may be commanded to search suspected places without evidence of 
a fact committed, or to seize any person or persons not named, or 
whose offence is not particularly described and supported by evi- 
dence, are grievous and oppressive, and ought not to be granted. 

Sec. 11. That no person shall be deprived of his property without 
due process of law; and in controversies respecting property, and in 
suits between man and man, trial by jury is preferable to any other, 
and ought to be held sacred; but the General Assembly may limit 
the number of jurors for civil cases in circuit and corporation courts 
to not less than five in cases now cognizable by justices of the peace, 
or to not less than seven in cases not so cognizable. 

Sec. 12. That the freedom of the press is one of the great bul- 
warks of liberty, and can never be restrained but by despotic gov- 
ernments; and any citizen may freely speak, write and publish his 
sentiments on all subjects, being responsible for the abuse of that 
right. 

Sec. 13. That a well-regulated milita, composed of the body of 
the people, trained to arms, is the proper, natural and safe defence 
of a free state; that standing armies, in time of peace, should be 
avoided as dangerous to liberty; and that in all cases the military 
should be under strict subordination to, and governed by, the civil 
power. 

Sec. 14. That the people have a right to uniform government; 
and, therefore, that no government separate from, or independent of, 
the government of Virginia, ought to be erected or established within 
the limits thereof. 

Sec. 15. That no free government, or the blessing of liberty, can 
be preserved to any people, but by a firm adherence to justice, 
moderation, temperance, frugality and virtue, and by frequent re- 
currence to fundamental principles. 

Sec. 16. That religion, or the duty which we owe to our Creator, 
and the manner of discharging it, can be directed only by reason 
and conviction, not by force or violence; and, therefore, all men are 
equally entitled to the free exercise of religion, according to the 
dictates of conscience; and that it is the mutual duty of all to prac- 
tice Christian forbearance, love and charity towards each other. 

Sec. 17. The rights enumerated in this Bill of Rights shall not 
be construed to limit other rights of the people not therein ex- 
pressed. 

ARTICLE II. 

ELECTIVE FRANCHISE AND QUALIFICATIONS FOR OFFICE. 

Sec. 18. Every male citizen of the United States, twenty -one 
years of age, who has been a resident of the State two years, of 
the county, city, or town one year, and of the precinct in which he 



112 VIRGINIA CIVIL GOVERNMENT. 

offers to vote, thirty days, next preceding the election in which he 
offers to vote, has been registered, and has paid his state poll taxes, 
as hereinafter required, shall be entitled to vote for members of the 
General Assembly and all officers elective by the people; but removal 
from one precinct to another, in the same county, city or town shall 
not deprive any person of his right to vote in the precinct from 
which he has moved, until the expiration of thirty days after such 
removal. 

Sec. 19. There shall be general registrations in the counties, cities 
and towns of the State during the years nineteen hundred and two 
and nineteen hundred and three at such times and in such manner 
as may be prescribed by an ordinance of this Convention. At such 
registrations every male citizen of the United States having the 
qualifications of age and residence required in section Eighteen shall 
be entitled to register, if he be: 

First. A person who, prior to the adoption of this Constitution, 
served in time of war in the army or navy of the United States, 
of the Confederate States, or of any state of the United States or of 
the Confederate States; or. 

Second. A son of any such person; or. 

Third. A person, who owns property, upon which, for the year 
next preceding that in which he offers to register, state taxes aggre- 
gating at least one dollar have been paid; or. 

Fourth. A person able to read any section of this Constitution 
submitted to him by the officers of registration and to give a rea- 
sonable explanation of the same; or, if unable to read such section, 
able to understand and give a reasonable explanation thereof when 
read to him by the officers. 

A roll- containing the names of all persons thus registered, sworn 
to and certified by the officers of registration, shall be filed, for 
record and preservation, in the clerk's office of the circuit court of 
the county, or the clerk's office of the corporation court of the city, 
as the case may be. Persons thus enrolled shall not be required to 
register again, unless they shall have ceased to be residents of the 
State, or become disqualified by section Twenty-three. Any person 
denied registration under this section shall have the right of appeal 
to the circuit court of his county, or the corporation court of his city, 
or to the judge thereof in vacation. 

Sec. 20. After the first day of January, nineteen hundred and 
four, every male citizen of the United States, having the qualifica- 
tions of age and residence required in section Eighteen, shall be en- 
titled to register, provided: * 

First. That he has personally paid to the proper officer all state 
poll taxes assessed or assessable against him, under this or the 
former Constitution, for the three years next preceding that in 
which he offers to register; or, if he come of age at such time that 
no poll tax shall have been assessable against him for the year 
preceding the year in which he offers to register, has paid one dollar 
and fifty cents, in satisfaction of the first year's poll tax assessable 
against him; and, 

Second. That, unless physically unable, he make application to 



CONSTITUTION OF VIRGINIA. 113 

register in his own handwriting, without aid, suggestion, or memo- 
randum, in the presence of the registration officers, stating therein 
his name, age, date and place of birth, residence and occupation at 
the time and for the two years next preceding, and whether he has 
previously voted, and, if so, the state, county, and precinct in which 
he voted last; and, 

Third. That he answer on oath any and all questions affecting 
his qualifications as an elector, submitted to him by the officers of 
registration, which questions, and his answers thereto, shall be re- 
duced to writing, certified by the said officers, and preserved as a 
part of their official records. 

Sec. 21. Any person registered under either of the last two sec- 
tions, shall have the right to vote for members of the General As- 
sembly and all officers elective by the people, subject to the follow- 
ing conditions: 

That he, unless exempted by section Twenty- two, shall, as a 
prerequisite to the right to vote after the first day of January, 
nineteen hundred and four, personally pay, at least six months 
prior to the election, all state poll taxes assessed or assessable 
against him, under this Constitution, during the three years next 
preceding that in which he offers to vote; provided that, if he 
register after the first day of January, nineteen hundred and four, 
he shall, unless physically unable, prepare and deposit his ballot 
without aid, on such printed form as the law may prescribe; but 
any voter registered prior to that date may be aided in the prepara- 
tion of his ballot by such officer of election as he himself may 
designate. 

Sec. 22, No person who, during the late war between the States, 
served in the army or navy of the United States, or the Confederate 
States, or any state of the United States, or of the Confederate 
States, shall at any time be required to pay a poll tax as a prerequi- 
site to the right to register or vote. The collection of the state poll 
tax assessed against any one shall not be enforced by legal process 
until the same has become three years past due. 

Sec. 23. The following persons shall be excluded from registering 
and voting: Idiots, insane persons, and paupers; persons who, prior 
to the adoption of this Constitution, were disqualified from voting, 
by conviction of crime, either within or without this State, and whose 
disabilities shall not have been removed; persons convicted after the 
adoption of this Constitution, either within or without this State, 
of treason, or of any felony, bribery, petit larceny, obtaining money 
or property under false pretences, embezzlement, forgery, or per- 
jury; persons who, while citizens of this State, after the adoption 
of this Constitution, have fought a duel with a deadly weapon, or 
sent or accepted a challenge to fight such duel, either within or with- 
out this State, or knowingly conveyed a challenge, or aided or as- 
sisted in any way in the fighting of such duel. 

Sec. 24. No officer, soldier, seaman, or marine of the United 
States army or navy shall be deemed to have gained a residence as 
to the right of suffrage, in the State, or in any county, city or town 
thereof, by reason of being stationed therein; nor shall an inmate 



114 VIRGINIA CIVIL GOVERNMENT, 

of any charitable institution or a student in any institution of learn- 
ing, be regarded as having either gained or lost a residence, as to 
the right of suffrage, by reason of his location or sojourn in such 
institution. 

Sec. 25. The General Assembly shall provide for the annual reg- 
istration of voters under section Twenty, for an appeal by any per- 
son denied registration, for the correction of illegal or fraudulent 
registration, thereunder, and also for the proper transfer of all 
voters registered under this Constitution. 

Sec. 26. Any person who, in respect to age or residence, would 
be qualified to vote at the next election, shall be admitted to regis- 
tration, notwithstanding that at the time thereof he is not so quali- 
fied, and shall be entitled to vote at said election if then qualified 
under the provisions of this Constitution. 

Sec. 27. All elections by the people shall be by ballot; all elec- 
tions by any representative body shall be viva voce, and the vote 
recorded in the journal thereof. 

The ballot-box shall be kept in public view during all elections, 
and shall not be opened, nor the ballots canvassed or counted, in 
secret. 

So far as consistent with the provisions of this Constitution, 
the absolute secrecy of the ballot shall be maintained. 

Sec. 28. The General Assembl}^ shall provide for ballots with- 
out any distinguishing mark or symbol, for use in all state, county, 
city, and other elections by the people, and the form thereof shall 
be the same in all places where any such election is held. All 
ballots shall contain the names of the candidates, and of the offices 
to be filled, in clear print and in due and orderly succession; but any 
voter may erase any name and insert another. 

Sec. 29. No voter, during the time of holding any election at 
which he is entitled to vote, shall be compelled to perform military 
service, except in time of war or public danger; to attend any court 
as suitor, juror, or witness; and no voter shall be subject to arrest 
under any civil process during his attendance at election or in going 
to or returning therefrom. 

Sec. 30. The General Assembly may prescribe a property quali- 
fication not exceeding two hundred and fifty dollars for voters in 
any county or subdivision thereof, or city or town, as a prerequi- 
site for voting in any election for officers, other than the members 
of the General Assembly, to be wholly elected by the voters of such 
county or subdivision thereof, or city, or town; such action, if taken, 
to be had upon the initiative of a representative in the General 
Assembly of the county, city, or town affected: provided, that the 
General Assembly in its discretion may make such exemptions from 
the operation of said property qualification as shall not be in con- 
flict with the Constitution of the United States. 

Sec. 31. There shall be in each county and city an electoral board, 
composed of three members, appointed by the circuit court of the 
county or the corporation court of the cit}^, or the judge of the 
court in vacation. Of those first appointed, one shall be appointed 
for a term of one year, one for a term of two years, and one for a 



CONSTITUTION OF VIRGINIA, 115 

term of three years; and thereafter their successors shall be ap- 
pointed for the full term of three years. Any vacancy occurring 
in any board shall be filled by the same authority for the unexpired 
term. 

Each electoral board shall appoint the judges, clerks, and regis- 
trars of election for its county or city; and, in appointing judges 
of election, representation as far as possible shall be given to each 
of the two political parties which, at the general election next pre- 
ceding their appointment, cast the highest and next highest number 
of votes. 

No person, nor the deputy of any person, holding any office or 
post of profit or emolument, under the United States Government, 
or who is in the employment of such government, or holding any 
elective office of profit or trust in the State, or in any county, city, 
or town thereof, shall be appointed a member of the electoral board, 
or registrar, or judge of election. 

Sec. 32. Every person qualified to vote shall be eligible to any 
office of the State or of any county, city, town, or other subdivision 
of the State, Avherein he resides, except as otherwise provided in this 
Constitution, and except that this provision as to residence shall not 
apply to any office elective by the people where the law provides 
otherwise. Men and women eighteen years of age shall be eligible 
to the office of notary public, and qualified to execute the bonds re- 
quired of them in that capacity. 

Sec. 33. The terms of all officers elected under this Constitution 
shall begin on the first day of February next succeeding their election, 
unless otherwise provided in this Constitution. All oflicers, elected 
or appointed, shall continue to discharge the duties of their offices 
after their terms of service have expired until their successors have 
qualified. 

Sec. 34. Members of the General Assembly and all officers, ex- 
ecutive and judicial, elected or appointed after this Constitution goes 
into efl^ect, shall, before they enter on the performance of their pub- 
lic duties, severally take and subscribe the following oath or affirma- 
tion: 

"I do solemnly swear ^r affirm) that I will support the Con- 
stitution of the United States, and the Constitution of the State 
of Virginia ordained by the Convention which assembled in the city 
of Richmond on the twelfth day of June, nineteen hundred and one, 
and that I will faithfully and impartially discharge and perform 

all the duties incumbent on me as , according to the 

best of my ability; so help me God." 

Sec. 35. No person shall vote at any legalized primary election 
for the nomination of any candidate for office unless he is at the 
time registered and qualified to vote at the next succeeding election. 

Sec. 36. The General Assembly shall enact such laws as are 
necessary and proper for the purpose of securing the regularity and 
purity of general, local and primary elections, and preventing and 
punishing any corrupt practices in connection therewith; and shall 
have power, in addition to other penalties and punishments now^ or 
hereafter prescribed by law for such offences, to provide that per- 



116 VIRGINIA CIVIL GOVERNMENT. 

sons convicted of them shall thereafter be disqualified from voting 
or holding office. 

Sec. 37. The General Assembly may provide for the use, through- 
out the State or in any one or more counties, cities, or towns in any 
election, of machines for receiving, recording, and counting the votes 
cast thereat: provided, that the secrecy of the voting be not thereby 
impaired. 

Sec. 38. After the first day of January, nineteen hundred and 
four, the treasurer of each county and city shall, at least five months 
before each regular election, file with the clerk of the circuit court 
of his county, or of the corporation court of his city, a list of all 
persons in his county or city, who have paid not later than six 
months prior to such election, the state poll taxes required by this 
Constitution during the three years next preceding that in which 
such election is held; which list shall be arranged alphabetically, by 
magisterial districts or wards, shall state the white and colored 
persons separately, and shall be verified by the oath of the treas- 
urer. The clerk, within ten days from the receipt of the list, shall 
make and certify a sufficient number of copies thereof, and shall 
deliver one copy for each voting place in his county or city, to the 
sheriff of the county or sergeant of the city, whose duty it shall be 
to post one copy, without delay, at each of the voting -places, and, 
within ten days from the receipt thereof, to make return on oath to 
the clerk, as to the places where and dates at which said copies 
were respectively posted; which return the clerk shall record in a 
book kept in his office for the purpose; and he shall keep in his office 
for public inspection, for at least sixty days after receiving the list, 
not less than ten certified copies thereof, and also cause the list to 
be published in such other manner as may be prescribed by law; 
the original list returned by the treasurer shall be filed and pre- 
served by the clerk among the public records of his office for at 
least five years after receiving the same. Within thirty days after 
the list has been so posted, any person who shall have paid his 
capitation tax, but whose name is omitted from the certified list, 
may, after five days' written notice to the treasurer, apply to the 
circuit court of his county, or corporation court of his city, or to 
the judge thereof in vacation, to have the same corrected and his 
name entered thereon, which application the court or judge shall 
promptly hear and decide. 

The clerk shall deliver, or cause to be delivered, with the poll- 
books, at a reasonable time before every election, to one of the 
judges of election of each precinct of his county or city, a like 
certified copy of the list, which shall be conclusive evidence of the 
facts therein stated for the purpose of voting. The clerk shall also, 
within sixty days after the filing of the list by the treasurer, for- 
ward a certified copy thereof, with such corrections as may have been 
made by order of the court or judge, to the Auditor of Public Ac- 
counts, who shall charge the amount of the poll taxes stated therein 
to such treasurer unless previously accounted for. 

Further evidence of the prepayment of the capitation taxes re- 
quired by this Constitution, as a prerequisite to the right to register 
and vote, may be prescribed by law. 



CONSTITUTION OF VIRGINIA. 117 

ARTICLE III. 

DIVISION OF POWERS. 

Sec. 39. Except as hereinafter provided, the legislative, executive, 
and judiciary departments shall be separate and distinct, so that 
neither exercise the powers properly belonging to either of the others, 
nor any person exercise the power of more than one of them at the 
same time. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

Sec. 40. The legislative power of the State shall be vested in a 
General Assembly, w^hich shall consist of a Senate and House of 
Delegates. 

Sec. 41. The Senate shall consist of not more than forty and 
not less than thirty-three members, who shall be elected quadren- 
nially by the voters of the several senatorial districts, on the Tues- 
day succeeding the first Monday in November. 

Sec. 42. The House of Delegates shall consist of not more than 
one hundred and not less than ninety members, who shall be elected 
biennially by the voters of the several house districts, on the Tues- 
day succeeding the first Monday in Xovember. 

Sec. 43. The apportionment of the State into senatorial and 
house districts, made by the acts of the General Assembly, ap- 
proved April the second, nineteen hundred and two, is hereby 
adopted; but a re-apportionment may be made in the year nine- 
teen hundred and six, and shall be made in the year nineteen hun- 
dred and twelve, and every tenth year thereafter. 

Sec. 44. Any person may be elected senator who, at the time of 
election, is actually a resident of the senatorial district and quali- 
fied to vote for members of the General Assembl}-; and any per- 
son may be elected a member of the House of Delegates who, at 
the time of election, is actually a resident of the house district and 
qualified to vote for members of the General Assembly. But no 
person holding a salaried office under the state government, and no 
judge of any court, attorney for the Commonwealth, sheriff, ser- 
geant, treasurer, assessor of taxes, commissioner of the revenue, 
collector of taxes, or clerk of any court, shall be a member of 
either house of the General Assembly during his continuance in office, 
and the election of any such person to either house of the General 
Assembly, and his qualification as a member thereof, shall vacate 
any such office held by him; and no person holding any office or post 
of profit or emolument under the United States Government or who 
is in the employment of such government, shall be eligible to either 
house. The removal of a senator or delegate from the district for 
which he is elected, shall vacate his office. 

Sec. 45. The members of the General Assembly shall receive for 
their services a salary to be fixed by law and paid from the public 
treasury; but no act increasing such salary shall take effect until 
after the end of the term for which the members voting thereon 



118 VIRGINIA CIVIL GOVERNMENT. 

were elected; and no member during the term for which he shall 
have been elected, shall be appointed or elected to any civil office of 
profit in the State except offices filled by election by the people. 

Sec. 46. The General Assembly shall meet once in two years on 
the second Wednesday in January next succeeding the election of 
the members of the House of Delegates and not oftener unless con- 
vened in the manner prescribed by this Constitution. No session of 
the General Assembly, after the first under this Constitution, shall 
continue longer than sixty days; but with the concurrence of three- 
fifths of the members elected to each house, the session may be ex- 
tended for a period not exceeding thirty days. Except for the first 
session held under this Constitution^ members shall be allowed a 
salary for not exceeding sixty days at any regular session, and for 
not exceeding thirty days at any extra session. Neither house shall, 
without the consent of the other, adjourn to another place nor for 
more than three days. A majority of the members elected to each 
house shall constitute a quorum to do business, but a smaller num- 
ber may adjourn from day to day, and shall have powder to compel 
the attendance of members in such manner and under such pen- 
alty as each house may prescribe. 

Sec. 47. The House of Delegates shall choose its own speaker; 
and, in the absence of the Lieutenant-Governor, or when he shall 
exercise the office of Governor, the Senate shall choose from their 
own body a president pro tempore. Each house shall select its 
officers, settle its rules of procedure, and direct writs of election for 
supplying vacancies which may occur during the session of the Gen- 
eral Assembly; but, if vacancies occur during the recess, such w^its 
may be issued by the Governor, under such regulations as may be 
prescribed by law. Each house shall judge of the election, qualifica- 
tion, and returns of its members; may punish them for disorderly 
behavior, and, with the concurrence of two-thirds, expel a member. 

Sec. 48. Members of the General Assembly shall, in all cases, 
except treason, felony, or breach of the peace, be privileged from 
arrest during the sessions of their respective houses; and for any 
speech or debate in either house shall not be questioned in any other 
place. They shall not be subject to arrest, under any civil process, 
during the sessions of the General Assembly, or the fifteen days n^xt 
before the beginning or after the ending of any session. 

Sec. 49. Each house shall keep a journal of its proceedings, which 
shall be published from time to time, and the yeas and nays of the 
members of either house on any question shall, at the desire of one- 
fifth of those present, be entered on the journal. 

Sec. 50. Xo law shall be enacted except by bill. A bill may 
originate in either house, to be approved or rejected by the other, 
or may be amended by either, with the concurrence of the other. 

No bill shall become a law unless, prior to its passage, it has been, 

(a) Referred to a committee of each house, considered by such 
committee in session, and reported; 

(b) Printed by the house, in which it originated, prior to its 
passage therein; 

(c) Read at length on three different calendar days in each hous£; 
and unless. 



CONSTITUTION OF VIRGINIA. 119 

(d) A yea and nay vote has been taken in each house upon its 
final passage, the names of the members voting for and against 
entered on the journal, and a majority of those voting, which shall 
include at least two- fifths of the members elected to each house, 
recorded in the affirmative. 

And only in the manner required in subdivision (d) of this 
section shall an amendment to a bill by one house be concurred in 
by the other, or a conference report be adopted by either house, or 
either house discharge a committee from the consideration of a bill 
and consider the same as if reported; provided that the printing 
and reading, or either, required in subdivisions (b) and (c) of this 
section, may be dispensed w^ith in a bill to codify the laws of the 
State, and in any case of emergency by a vote of four-fifths of the 
members voting in each house taken by the yeas and nays, the 
names of the members voting for and against, entered on the jour- 
nal; and provided further, that no bill which creates, or estab- 
lishes a new office, or which creates, continues, or revives a debt 
or charge, or makes, continues or revives any appropriation of pub- 
lic or trust money, or property, or releases, discharges or commutes 
any claim or demand of the State, or which imposes, continues or 
revives a tax, shall be passed except by the affirmative vote of a 
majority of all the members elected to each house, the vote to be 
by the yeas and nays, and the names of the members voting for and 
against, entered on the journal. Every law imposing, continuing 
or reviving a tax shall specifically state such tax and no law shall 
be construed as so stating such tax, which requires a reference to 
any other law or any other tax. The presiding officer of each house 
shall, in the presence of the house over w^hich he presides, sign every 
bill that has been passed by both houses and duly enrolled. Im- 
mediately before this is done, all other business being suspended, 
the title of the bill shall be publicly read. The fact of signing shall 
be entered on the journal. 

Sec. 51. There shall be a joint committee of the General Assembly, 
consisting of seven members appointed by the House of Delegates, 
and five members appointed by the Senate, which shall be a standing 
committee on special, private, and local legislation. Before reference 
to a committee, as provided by section Fifty, any special, private, 
or local bill introduced in either house shall be referred to and con- 
sidered by such joint committee and returned to the house in which 
it originated with a statement in waiting whether the object of the 
bill can be accomplished under general law^ or by court proceeding; 
whereupon, the bill, with the accompanying statement, shall take 
the course provided by section Fifty. The joint committee may be 
discharged from the consideration of a bill by the house in which it 
originated in the manner provided in section Fifty for the discharge 
of other committees. 

Sec. 52. No law shall embrace more than one object, which shall 
be expressed in its title; nor shall any law be revived or amended 
with reference to its title, but the act revived or the section amended 
shall be re-enacted and published at length. 

Sec. 53. No law, except a general appropriation law, shall take 



120 VIRGINIA CIVIL GOVERNMENT. 

effect until at least ninety days after tlie adjournment of the session 
of the General Assembly at which it is enacted, unless in case of 
an emergency (which emergency shall be expressed in the body of 
the bill), the General Assembly shall otherwise direct by a vote of 
four- fifths of the members voting in each house, such vote to be 
taken by the yeas and nays, and the names of the members voting 
for and against entered on the journal. 

Sec. 54. The Governor, Lieutenant-Governor, Attorney-General, 
judges, members of the State Corporation Commission, and execu- 
tive officers at the seat of government, and all officers appointed 
by the Governor or elected by the General Assembly, offending 
against the State by malfeasance in office, corruption, neglect of 
duty, or other high crime or misdemeanor, may be impeached by the 
House of Delegates, and prosecuted before the Senate which shall 
have the sole power to try impeachment. When sitting for that 
pui^ose, the senators shall be on oath or affirmation, and no per- 
son shall be convicted without the concurrence of two- thirds of the 
senators present. Judgment in case of impeachment shall not ex- 
tend further than removal from office and disqualification to hold 
and enjoy any office of honor, trust, or profit under the State; but 
the person convicted shall nevertheless be subject to indictment, trial, 
judgment, and punishment according to law. The Senate may sit 
during the recess of the General Assembly for the trial of impeach- 
ments. 

Sec. 55. The General Assembly shall by law apportion the State 
into districts, corresponding with the number of representatives to 
which it may be entitled in the House of Eepresentatives of the Con- 
gress of the United States; which districts shall be composed of con- 
tiguous and compact territory containing, as nearly as practicable, 
an equal number of inhabitants. 

Sec. 56. The manner of conducting and making returns of elec- 
tions, of determining contested elections, and of filling vacancies in 
office, in cases not specially provided for by this Constitution, shall 
be prescribed by law, and the General Assembly may declare the 
cases in which any office shall be deemed vacant where no provision 
is made for that purpose in this Constitution. 

Sec. 57. The General Assembly shall have power, by a two-thirds 
vote, to remove disabilities incurred under section Twenty -three, 
of Article Two, of this Constitution, with reference to duelling. 

Sec. 58. The privilege of the writ of habeas corpus shall not be 
suspended unless when in cases of invasion or rebellion, the public 
safety may require. The General Assembly shall not pass any bill 
of attainder, or any ex post facto law, or any law impairing the 
obligation of contracts, or any law abridging the freedom of speech 
or of the press. It shall not enact any law whereby private prop- 
erty shall be taken or damaged for public uses, without just com- 
pensation. No man shall be compelled to frequent or support any 
religious worship, placey or ministry whatsoever, nor shall be en- 
forced, restrained, molested, or burthened in his body or goods, nor 
shall otherwise suffer on account of his religious opinions or belief; 
but all men shall be free to profess, and by argument to maintain, 



CONSTITUTION OF VIRGINIA, 121 

their opinions in matters of religion, and the same shall in no wise 
diminish, enlarge, or affect their civil capacities. And the General 
Assembly shall not prescribe any religious test whatever, or confer 
any peculiar privileges or advantages on any sect or denomination, 
or pass any law requiring or authorizing any religious society, or 
the people of any district within this State, to levy on themselves 
or others any tax for the erection or repair of any house of public 
worship, or for the support of any church or ministry; but it shall 
be left free to every person to select his religious instructor, and to 
make for his support such private contract as he shall please. 

Sec. 59. The General Assembly shall not grant a charter of in- 
corporation to any church or religious denomination, but may secure 
the title to church property to an extent to be limited by law. 

Sec. 60. No lottery shall hereafter be authorized by law; and the 
buying, selling, or transferring of tickets or chances in any lottery 
shall be prohibited. 

Sec. 61. No new county shall be formed with an area of less than 
six hundred square miles; nor shall the county or counties from 
which it is formed be reduced below that area; nor shall any county 
be reduced in population below eight thousand. But any county, the 
length of which is three times its mean breadth, or which exceeds 
fifty miles in length, may be divided at the discretion of the Gen- 
eral Assembly. 

Sec. 62. The General Assembly shall have full power to enact 
local option or dispensary laws, or any other laws controlling, regu- 
lating, or prohibiting the manufacture or sale of intoxicating liquors. 

Sec. 63. The General Assembly shall confer on the courts power 
to grant divorces, change the names of persons, and direct the sale 
of estates belonging to infants and other persons under legal dis- 
abilities, and shall not, by special legislation, grant relief in these 
or other cases of which the courts or other tribunals may have 
jurisdiction. The General Assembly may regulate the exercise by 
courts of the right to punish for contempt. The General Assembly 
shall not enact any local, special, or private law in the following 
cases: 

1. For the punishment of crime. 

2. Providing a change of venue in civil or criminal eases. 

3. Regulating the practice in, or the jurisdiction of, or chang- 
ing the rules of evidence in any judicial proceedings or inquiry be- 
fore, the courts or other tribunals, or providing or changing the 
methods of collecting debts or enforcing judgments, or prescribing 
the effect of judicial sales of real estate. 

4. Changing or locating county seats. 

5. For the assessment and collection of taxes, except as to ani- 
mals which the General Assembly may deem dangerous to the farm- 
ing interests. 

6. Extending the time for the assessment or collection of taxes. 

7. Exempting property from taxation. 

8. Remitting, releasing, postponing, or diminishing any obliga- 
tion or liability of any person, corporation, or association, to the 
State or to any political subdivision thereof. 



122 VIRG'INIA CIVIL GOVERNMENT. 

9. Eefunding money lawfully paid into the treasury of the State 
or the treasury of any political subdivision thereof. 

10. Granting from the treasury of the State, or granting or au- 
thorizing to be granted from the treasury of any political subdivision 
thereof, any extra compensation to any public officer, servant, agent, 
or contractor. 

11. For conducting elections or designating the places of voting. 

12. Regulating labor, trade, mining or manufacturing, or the rate 
of interest on money. 

13. Granting any pension or pensions. 

14. Creating, increasing, or decreasing, or authorizing to be 
created, increased, or decreased, the salaries, fees, percentages, or 
allowances of public officers during the term for which they are 
elected or appointed. 

15. Declaring streams navigable, or authorizing the construction 
of booms or dams therein, or the removal of obstructions therefrom. 

16. Affecting or regulating fencing or the boundaries of land, or 
the running at large of stock. 

17. Creating private corporations, or amending, renew^ing or ex- 
tending the charters thereof. 

18. Granting to any private corporation, association, or individ- 
ual any special or exclusive right, privilege or immunity. 

19. Naming or changing the name of any private corporation or 
association. 

20. Remitting the forfeiture of the charter of any private cor- 
poration except upon the condition that such corporation shall there- 
after hold its charter subject to the provisions of this Constitution 
and the laws passed in pursuance thereof. 

Sec. 64. In all the cases enumerated in the last section, and in 
every other case which, in its judgment, may be provided for by 
general laws, the General Assembly shall enact general laws. Any 
general law shall be subject to amendment or repeal, but the amend- 
ment or partial repeal thereof shall not operate directly or indirectly 
to enact, and shall not have the effect of the enactment of a special, 
private, or local law. 

No general or special law shall surrender or suspend the right 
and power of the State, or any political subdivision thereof, to tax 
corporations or corporate property, except as authorized by Article 
Thirteen. No private corporation, association, or individual shall be 
specially exempted from the operation of any general law, nor shall 
its operation be suspended for the benefit of any private corporation, 
association, or individual. 

Sec. 65. The General Assembly may by general laws, confer upon 
the boards of supervisors of counties, and the councils of cities and 
towns, such powders of local and special legislation, as it may from 
time to time deem expedient, not inconsistent with the limitations 
contained in this Constitution. 

Sec. 66. The Clerk of the House of Delegates shall be Keeper of 
the Rolls of the State but shall receive no compensation from the 
State for his services as such. 

The General Assembly by general law shall prescribe the number 



CONSTITUTION OF VIRGINIA. 123 

of employees of the Senate and House of Delegates, including the 
clerks thereof, and fix their compensation at a per diem for the time 
actually employed in the discharge of their duties. 

Sec. 67. The General Assembly shall not make any appropriation 
of public funds, of personal property, or of any real estate, to any 
church, or sectarian society, association, or institution of any kind 
whatever, which is entirely or partly, directly or indirectly, con- 
trolled by any church or sectarian society ; nor shall the General 
xissembly make any like appropriation to any charitable institu- 
tion, which is not owned or controlled by the State; except that it 
it may, in its discretion, make appropriations to non- sectarian in- 
stitutions for the reform of youthful criminals; but nothing herein 
contained shall prohibit the General Assembly from authorizing 
counties, cities, or towns to make such appropriations to any chari- 
table institution or association. 

Sec. 68. The General Assembly shall, at each regular session, ap- 
point a standing committee, consisting of two members of the Senate 
and three members of the House of Delegates, which shall be known 
as the Auditing Committee. Such committee shall annually, or 
oftener in its discretion, examine the books and accounts of the 
First Auditor, the State Treasurer, the Secretary of the Common- 
wealth, and other executive officers at the seat of government whose 
duties pertain to auditing or accounting for the state revenue, re- 
port the result of its investigations to the Governor, and cause the 
same to be published in two newspapers of general circulation in 
the State. The Governor shall, at the beginning of each session, 
submit said reports to the General Assembly for appropriate action. 
The committee may sit during the recess of the General Assembly, 
receive such compensation as may be prescribed by law, and em- 
ploy one or more accountants to assist in its investigations. 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

Sec. 69. The chief executive power of the State shall be vested 
in a Governor. He shall hold office for a term of four years, to 
commence on the first day of February next succeeding his election, 
and be ineligible to the same office for the term next succeeding that 
for w^hich he was elected, and to any other office during his term of 
service. 

Sec. 70. The Governor shall be elected by the qualified voters of 
the State at the time and place of choosing members of the Gen- 
eral Assembly. Returns of the election shall be transmitted, under 
seal, by the proper officers, to the Secretary of the Commonwealth, 
who shall deliver them to the Speaker of the House of Delegates on 
the first day of the next session of the General Assembly. The 
Speaker of the House of Delegates shall, within one week thereafter, 
in the presence of a majority of the Senate and of the House of 
Delegates, open the returns, and the votes shall then be counted. 
The person having the highest number of votes shall be declared 
elected; but if two or more shall have the highest and an equal 



124 . VIRGINIA CIVIL GOVERNMENT. 

number of votes, one of them shall be chosen Governor by the joint 
vote of the two houses of the General Assembly. Contested elec- 
tions for Governor shall be decided by a like vote, and the mode of 
proceeding in such cases shall be prescribed by law. 

Sec. 71. No person except a citizen of the United States shall be 
eligible to the office of Governor; and if such person be of foreign 
birth, he must have been a citizen of the United States for ten years 
next preceding his election; nor shall any person be eligible to that 
office unless he shall have attained the age of thirty years, and have 
been a resident of the State for five years next preceding his election. 

Sec. 72. The Governor shall reside at the seat of government; 
shall receive five thousand dollars for each year of his service, and 
while in office shall receive no other emolument from this or any 
other government. 

Sec. 73. The Governor shall take care that the laws be faith- 
fully executed; communicate to the General Assembly, at every 
session, the condition of the State; recommend to its consideration 
such measures as he may deem expedient, and convene the General 
Assembly on application of two- thirds of the members of both 
houses thereof, or when, in his opinion, the interest of the State 
may require. He shall be commander-in-chief of the land and naval 
forces of the State; have power to embody the militia to repel in- 
vasion, suppress insurrection and enforce the execution of the laws; 
conduct, either in person or in such manner as shall be prescribed 
by law, all intercourse with other and foreign states; and, during 
the recess of the General Assembly, shall have power to suspend 
from office for misbehavior, incapacity, neglect of official duty, or 
acts performed without due authority of law, all executive officers 
at the seat of government except the Lieutenant-Governor; but, in 
any case in which this power is so exercised, the Governor shall re- 
port to the General Assembly, at the beginning of the next session 
thereof, the fact of such suspension and the cause therefor, w^here- 
upon the General Assembly shall determine whether such officer shall 
be restored or finally removed; and the Governor shall have power, 
during the recess of the General Assembly, to appoint, i)ro tempore^ 
successors to all officers so suspended, and to fill, pro tempore, va- 
cancies in all offices of the State for the filling of which the Con- 
stitution and laws make no other provision; but his appointments 
to such vacancies shall be by commissions to expire at the end of 
thirty days after the commencement of the next session of the Gen- 
eral Assembly. He shall have power to remit fines and penalties 
in such cases, and under such rules and regulations, as may be pre- 
scribed by law, and except when the prosecution has been carried 
on by the House of Delegates, to grant reprieves and pardons after 
conviction; to remove political disabilities consequent upon convic- 
tion for offences committed prior or subsequent to the adoption of 
this Constitution, and to commute capital punishment; but he shall 
communicate to the General Assembly, at each session, particulars 
of every case of fine or penalty remitted, of reprieve or pardon 
granted, and of punishment commuted, with his reasons for remit- 
ting, granting, or commuting the same. 



CONSTITUTION OF VIRGINIA, 135 

Sec. 74. The Governor may require information in writing, under 
oath, from the officers of the executive department and superintend- 
ents of state institutions upon any subject relating to the duties 
of their respective offices and institutions; and he may inspect at 
any time their official books, accounts and vouchers, and ascertain 
the condition of the public funds in their charge, and in that con- 
nection may employ accountants. He may require the opinion in 
writing of the Attorney-General upon any question of law affecting 
the official duties of the Governor. 

Sec. 75. Commissions and grants shall run in the name of the 
Commonwealth of Virginia, and be attested by the Governor, with 
the seal of the Commonwealth annexed. 

Sec. 76. Every bill which shall have passed the Senate and House 
of Delegates, shall, before it becomes a law, be presented to the 
Governor. If he approve, he shall sign it; but, if not, he may re- 
turn it with his objections to the house in which it originated, which 
shall enter the objections at large on its journal and proceed to 
reconsider the same. If, after such consideration, two- thirds of the 
members present, which two-thirds shall include a majority of the 
members elected to that house, shall agree to pass the bill it shall 
be sent, together with the objections, to the other house, by which 
it shall likewise be reconsidered, and if approved by two -thirds of 
all the members present, which two-thirds shall include a majority 
of the members elected to that house, it shall become a law, not- 
withstanding the objections. The Governor shall have the power to 
veto any particular item or items of an appropriation bill, but the 
veto shall not affect the item or items to which he does not object. 
The item or items objected to shall not take effect except in the 
manner heretofore provided in this section as to bills returned to 
the General Assembly without his approval. If he approve the gen- 
eral purpose of any bill, but disapprove any part or parts thereof, 
he may return it, with recommendations for its amendment, to the 
house in which it originated, whereupon the same proceedings shall 
be had in both houses upon the bill and his recommendations in re- 
lation to its amendment, as is above provided in relation to a bill 
which he shall have returned without his approval, and with his 
objections thereto: provided, that if after such reconsideration, both 
houses, by a vote of a majority of the members present in each, 
shall agree to amend the bill in accordance with his recommenda- 
tions in relation thereto, or either house by such vote shall fail or 
refuse to so amend it, then, and in either case the bill shall be again 
sent to him, and he may act upon it as if it were then before him 
for the first time. But in all the cases above set forth the votes of 
both houses shall be determined by ayes and noes, and the names 
of the members voting for and against the bill, or item or items 
of an appropriation bill, shall be entered on the journal of each 
house. If any bill shall not be returned by the Governor within 
five days (Sunday excepted) after it shall have been presented to 
him, the same shall be a law in like manner as if he had signed 
it, unless the General Assembly shall, by final adjournment, prevent 
such return; in which case it shall be a law if approved by the 



126 VIRGINIA CIVIL GOVERNMENT. 

Governor in the manner and to the extent above provided, within 
ten days after such adjournment, but not otherwise. 

Sec. 77. A Lieutenant-Governor shall be elected at the same time 
and for the same term as the Governor, and his qualifications and 
the manner and ascertainment of his election, in all respects, shall 
be the same. 

Sec. 78. In case of the removal of the Governor from office, or of 
his death, failure to qualify, resignation, removal from State, or 
inability to discharge the powers and duties of the office, the said 
office, with its compensation, shall devolve upon the Lieutenant- 
Governor; and the General Assembly shall provide by law for the 
discharge of the executive functions in other necessary cases. 

Sec. 79. The Lieutenant-Governor shall be president of the Sen- 
ate, but shall have no vote except in case of an equal division; and 
while acting as such, shall receive a compensation equal to that 
allowed to the Speaker of the House of Delegates. 

Sec. 80. A Secretary of the Commonwealth shall be elected by 
the qualified voters of the State at the same time and for the same 
term as the Governor; and the fact of his election shall be ascer- 
tained as in the case of the Governor. He shall keep a daily record 
of the official acts of the Governor, which shall be signed by the 
Governor and attested by the Secretary, and, when required, he 
shall lay the same, and any papers, minutes and vouchers pertain- 
ing to his office, before either house of the General Assembly. He 
shall discharge such other duties as may be prescribed hj law. All 
fees received by the Secretary of the Commonwealth shall be paid 
into the treasury monthly. 

Sec. 81. A State Treasurer shall be elected by the qualified voters 
of the State at the same time and for the same term as the Gov- 
ernor; and the fact of his election shall be ascertained in the same 
manner. His powers and duties shall be prescribed by law. 

Sec. 82. An Auditor of Public Accounts shall be elected by the 
joint vote of the two houses of the General Assembly for the term 
of four years. His powers and duties shall be prescribed by law. 

Sec. 83. The salary of each officer of the Executive Department, 
except in those cases where the salary is determined by this Con- 
stitution, shall be fixed by law; and the salary of no such officer 
shall be increased or diminished during the term for which he shall 
have been elected or appointed. 

Sec. 84. The General Assembly shall provide by law for the 
establishment and maintenance of an efficient system of checks and 
balances between the officers at the seat of government entrusted 
with the collection, receipt, custody, or disbursement of the reve- 
nues of the State. 

Sec. 85. All State officers, and their deputies, assistants or em- 
ployees, charged with the collection, custody, handling or disburse- 
ment of public funds, shall be required to give bond for the faith- 
ful performance of such duties; the amount of such bond in each 
case, and the manner in which security shall be furnished, to be 
specified and regulated by law. 

Sec. 86. The General Assembly shall have power to establish and 



CONSTITUTION OF VIRGINIA, 127 

maintain a Bureau of Labor and Statistics, under such regulations 
as may be prescribed by law. 

ARTICLE VL 

JUDICIARY DEPARTMENT. 

Sec. 87. The Judiciary Department shall consist of a Supreme 
Court of Appeals, circuit courts, city courts, and such other courts 
as are hereinafter authorized. The jurisdiction of these tribunals 
and the judges thereof, except so far as conferred by this Constitu- 
tion, shall be regulated by law. 

Sec. 88. The Supreme Court of Appeals shall consist of five 
judges, any three of whom may hold a court. It shall have 
original jurisdiction in cases of habeas corpus, mandamus, and 
prohibition; but in all other cases, in which it shall have jurisdic- 
tion, it shall have appellate jurisdiction only. 

Subject to such reasonable rules, as may be prescribed by law, 
as to the course of appeal, the limitation as to time, the security 
required, if any, the granting or refusing of appeals, and the proce- 
dure therein, it shall, by virtue of this Constitution, have appellate 
jurisdiction in all cases involving the constitutionality of a law as 
being repugnant to the Constitution of this State or of the United 
States, or involving the life or liberty of any person; and it shall 
also have appellate jurisdiction in such other cases, within the limits 
hereinafter defined, as may be prescribed by law; but no appeal shall 
be allowed to the Commonwealth in any case involving the life or 
liberty of a person, except that an appeal by the Commonwealth 
may be allowed by law in any case involving the violation of a law 
relating to the state revenue. No bond shall be required of any 
accused person as a condition of appeal, but a supersedeas bond 
may be required where the only punishment imposed in the court 
below is a fine. 

The court shall not have jurisdiction in civil cases where the 
matter in controversy, exclusive of costs and of interest accrued 
since the judgment in the court below, is less in value or amount 
than three hundred dollars, except in controversies concerning the 
title to, or boundaries of land, the condemnation of property, the 
probate of a will, the appointment or qualification of a personal 
representative, guardian, committee, or curator, or concerning a mill, 
roadway, ferry, or landing, or the right of the State, county, or 
municipal corporation, to levy tolls or taxes, or involving the con- 
struction of any statute, ordinance or county proceeding imposing 
taxes; and, except in cases of habeas corpus, mandamus, and pro- 
liibition, the constitutionality of a law, or some other matter not 
merely pecuniary. After the year nineteen hundred and ten the 
General Assembly may change the jurisdiction of the court in mat- 
ters merely pecuniary. The assent of at least three of the judges 
shall be required for the court to determine that any law is, or is 
not, repugnant to the Constitution of this State or of the United 
States; and if, in a case involving the constitutionality of any such 
law, not more than two of the judges sitting agree in opinion on 



128 VIRGINIA CIVIL GOVERNMENT. 

the constitutional question involved, and the case cannot be de- 
termined, without passing on such question, no decision shall be ren- 
dered therein, but the case shall be reheard by a full court; and in 
no case where the jurisdiction of the court depends solely upon the 
fact that the constitutionality of a law is involved, shall the court 
decide the case upon its merits, unless the contention of the ap- 
pellant upon the constitutional question be sustained. Whenever 
the requisite majority of the judges sitting are unable to agree 
upon a decision, the case shall be reheard by a full bench, and any 
vacancy caused by any one or more of the judges being unable, un- 
willing, or disqualified to sit, shall be temporarily filled in a man- 
ner to be prescribed by law. 

Sec. 89. The General Assembly may, from time to time, provide 
for a Special Court of Appeals to try any cases on the docket of 
the Supreme Court of Appeals in respect to which a majority of the 
judges are so situated as to make it improper for them to sit; and 
also to try any cases on said docket which cannot be disposed of 
w^ith convenient dispatch. The said special court shall be composed 
of not less than three nor more than five of the judges of the cir- 
cuit courts and city courts of record in cities of the first class, or 
of the judges of either of said courts, or of any of the judges of said 
courts together with one or more of the judges of the Supreme Court 
of Appeals. 

Sec. 90. When a judgment or decree is reversed or afiirmed by 
the Supreme Court of Appeals the reasons therefor shall be stated 
in writing and preserved with the record of the case. 

Sec. 91. The judges of the Supreme Court of Appeals shall be 
chosen by the joint vote of the two houses of the General Assembly. 
They shall, when chosen, have held a judicial station in the United 
States, or shall have practiced law in this or some other state for 
five years. At the first election under this Constitution, the Gen- 
eral Assembly shall elect the judges for terms of four, six, eight, 
ten, and twelve years respectively; and thereafter they shall be 
elected for terms of twelve years. 

Sec. 92. The officers of the Supreme Court of Appeals shall be 
appointed by the court or by the judges in vacation. Their duties, 
compensation, and tenure of office shall be prescribed by law. 

Sec. 93. The Supreme Court of Appeals shall hold its sessions at 
two or more places in the State, to be fixed by law. 

Sec. 94. The State shall be divided into twenty-four judicial cir- 
cuits, as follows: 

The counties of Norfolk, Princess Anne, and the city of Ports- 
mouth, shall constitute the first circuit. 

The counties of Xansemond, Southampton, Isle of Wight, and the 
city of Norfolk, shall constitute the second circuit. 

The counties of Prince George, Surry, Sussex, Greenesville, and 
Brunswick, shall constitute the third circuit. 

The counties of Chesterfield, Powhatan, Dinwiddle, Nottoway, 
and Amelia, and the city of Petersburg, shall constitute the fourth 
circuit. 

The counties of Prince Edward, Cumberland, Buckingham, Ap- 
pomattox, and Charlotte, shall constitute the fifth circuit. 



CONSTITUTION OF VIRGINIA. 129 

The counties of Lunenburg, Mecklenburg, Halifax, Campbell, and 
the city of Lynchburg, shall constitute the sixth circuit. 

The counties of Pittsylvania, Franklin, Henry, and Patrick, and 
the citj^ of Danville, shall constitute the seventh circuit. 

The counties of Amherst, Xelson, Albemarle, Fluvanna, and 
Goochland, shall constitute the eighth circuit. 

The counties of Rappahannock, Gulpeper, Madison, Greene, 
Orange, and Louisa, shall constitute the ninth circuit. 

The county of Henrico and the city of Richmond, shall constitute 
the tenth circuit. 

The counties of Accomac, Northampton, Elizabeth City, and the 
city of Newport News, shall constitute the eleventh circuit. 

The counties of Richmond, Northumberland, Westmoreland, Lan- 
caster, and Essex, shall constitute the twelfth circuit. 

The counties of Gloucester, Mathews, King and Queen, King Wil- 
liam, and Middlesex, shall constitute the thirteenth circuit. 

The counties of New Kent, Charles City, York, Warwick, James 
City, and the city of Williamsburg, shall constitute the fourteenth 
circuit. 

The counties of King George, Stafford, Spotsylvania, Caroline, 
and Hanover, shall constitute the fifteenth circuit. 

The counties of Fauquier, Loudoun, Prince William, Fairfax, and 
Alexandria, and the city of Alexandria, shall constitute the sixteenth 
circuit. 

The counties of Frederick, Clarke, Warren, Shenandoah, and 
Page, shall constitute the seventeenth circuit. 

The counties of Rockingham, Augusta, and Rockbridge, shall 
constitute the eighteenth circuit. 

The counties of Highland, Bath, Alleghany, Craig, and Botecourt, 
shall constitute the nineteenth circuit. 

The counties of Bedford, Roanoke, Montgomery, and Floyd, and 
the city of Roanoke, shall constitute the twentieth circuit. 

The counties of Pulaski, Carroll, Wythe, and Grayson, shall con- 
stitute the twenty-first circuit. 

The counties of Bland, Tazewell, Giles, and Buchanan, shall con- 
stitute the twenty- second circuit. 

The counties of Washington, Russell, and Sm3'th, shall constitute 
the twenty- third circuit. 

The counties of Scott, Lee, Wise, and Dickenson, shall constitute 
the twenty -fourth circuit. 

Sec. 95. After the first day of January, nineteen hundred and 
six, as the public interest requires, the General Assembly may rear- 
range the said circuits and increase or diminish the number thereof. 
But no new circuit shall be created containing, by the last United 
States census or other census provided by law, less than forty thou- 
sand inhabitants, nor when the effect of creating it vrill be to re- 
duce the number of inhabitants in an}^ existing circuit below forty 
thousand according to such census. 

Sec. 96. For each circuit a judge shall be chosen by the joint 
vote of the two houses of the General Assembly. He shall, when 
cliosen, possess the same qualifications as judges of the Supreme 



130 VIRGINIA CIVIL GOVERNMENT, 

Court of Appeals, and during his continuance in office shall reside 
in the circuit of which he is judge. At the first election under this 
Constitution, the General Assembly shall elect, as nearly as prac- 
ticable, one-fourth of the entire number of judges for terms of two 
years, one-fourth for four years, one-fourth for six years, and the 
remaining fourth for eight years, respectively; and thereafter they 
shall be elected for terms of eight years. 

Sec. 97. The number of terms of the circuit courts to be held 
for each county and city, shall be prescribed by law. But no sepa- 
rate circuit court shall be held for any city of the second class, until 
the city shall abolish its existing city court. The judge of one cir- 
cuit may be required or authorized to hold court in any other cir- 
cuit or city. 

Sec. 98. For the purposes of a judicial system, the cities of the 
State shall be divided into two classes. All cities shall belong to the 
first class w^hich contain, as shown by the last United States census 
or other census provided by law, ten thousand inhabitants or more, 
and all cities shall belong to the second class which contain, as thus 
shown, less than ten thousand inhabitants. In each city of the first 
class, there shall be, in addition to the circuit court, a corporation 
court. In any city containing thirty thousand inhabitants or more, 
the General Assembly may provide for such additional courts as 
the public interest may require, and in every such city the city 
courts, as they now exist, shall continue until otherwise provided 
by law. In every city of the second class, the corporation or hus- 
tings court existing, at the time this Constitution goes into effect, 
shall continue hereafter under the name of the corporation court 
of such city; but it may be abolished by a vote of a majority of the 
qualified electors of such city, at an election held for the purpose, 
and whenever the office of judge of a eorporation or hustings court 
of a city of the second class, whose salary is less than eight hun- 
dred dollars, shall become and remain vacant for ninety days con- 
secutively, such court shall thereby cease to exist. In case of the 
abolition of the corporation or hustings court of any city of the 
second class, such city shall thereupon come in every respect within 
the jurisdiction of the circuit court of the county wherein it is situ- 
ated, until otherwise provided by law, and the records of such cor- 
poration or hustings court shall thereupon become a part of the 
records of such circuit court, and be transferred thereto, and remain 
therein until otherAvise provided by law; and during the existence 
of the corporation or hustings court, the circuit court of the county 
in which such city is situated, shall have concurrent jurisdiction with 
said corporation or hustings court in all actions at law and suits in 
equity. 

Sec. 99. For each city court of record a judge shall be chosen by 
the joint vote of the two houses of the General Assembly. He shall, 
when chosen, possess the same qualifications as judges of the Su- 
preme Court of Appeals, and during his continuance in office shall 
reside within the jurisdiction of the court over which he presides; 
but the judge of the corporation court of any corporation having a 
city charter, and less than five thousand inhabitants, may reside 



CONSTITUTION OF VIRGINIA. 131 

outside its corporate limits; and the same person may be judge of 
such corporation court and judge of the corporation court of some 
other city having less than ten thousand inhabitants. At the first 
election of said judges under this Constitution, the General As- 
sembly shall elect, as nearly as practicable, one-fourth of the entire 
number for terms of two years, one-fourth for four years, one- 
fourth for six years, and the remaining fourth for eight years; and 
thereafter they shall be elected for terms of eight years. The judges 
of city courts in cities of the first class may be required or author- 
ized to hold the circuit courts of any county and the circuit courts 
of any city. 

Sec. 100. The General Assembly shall have power to establish 
such court or courts of land registration as it may deem proper for 
the administration of any law it may adopt for the purpose of the 
settlement, registration, transfer, or assurance of titles to land in 
the State, or any part thereof. 

Sec. 101. The General Assembly shall have power to confer upon 
the clerks of the several circuit courts jurisdiction, to be exercised 
in the manner and under the regulations to be prescribed by law, 
in the matter of the admission of wills to probate, and of the ap- 
pointment and qualification of guardians, personal representatives, 
curators, appraisers, and committees of the estates of persons who 
have been adjudged insane or convicted of felony, and in the matter 
of the substitution of trustees. 

Sec. 102. All the judges shall be commissioned by the Governor. 
They shall receive such salaries and allowances as ma^^ be deter- 
mined by law within the limitations fixed by this Constitution, the 
amount of which shall not be increased or diminished during their 
terms of office. Their terms of office shall commence on the first 
day of February next following their election, and whenever a va- 
cancy occurs in the office of judge, his successor shall be elected for 
the unexpired term. 

Sec. 103. The salaries of' the judges of the Supreme Court of 
Appeals shall be not less than four thousand dollars per annum, 
and shall be paid by the State. 

The salary of the judge of each circuit court shall be not less 
than two thousand dollars per annum, one-half of w^iich shall be 
paid by the State, the other half by the counties and cities com- 
posing the circuit, according to their respective population; except 
that of the salary of the judge of the circuit court of the city of 
Richmond, the State shall pay the proportion Avhich would other- 
wise fall to the city of Richmond. The salary of a judge of a city 
court in a city of the first class shall be not less than two thousand 
dollars per annum, one-half of which shall be paid by the State, 
the other half by the city. The whole of the aforesaid salaries of 
said judges shall be paid out of the state treasury, the State to be 
reimbursed by the respective counties and cities. Any city may, by 
an ordinance, increase the salaries of its city or circuit judges, or 
any one or more of them as it ma}^ deem proper, and tiie increase 
shall be paid wholly by the city, but shall not be enlarged or dimin- 
ished during the term of office of the judge. Each city containing 



132 VIRGINIA CIVIL GOVERNMENT. 

less than ten thousand inhabitants shall pay the salary of the judge 
of its corporation or hustings court. 

Sec. 104. Judges may be removed from office for cause, by a con- 
current vote of both houses of the General Assembly; but a ma- 
jority of all the members elected to each house must concur in such 
vote, and the cause of removal shall be entered on the journal of 
each house. The judge against whom the General Assembly may be 
about to proceed shall have notice thereof, accompanied by a copy 
of the causes alleged for his removal, at least twenty days before 
the day on which either house of the General Assembly shall act 
thereon. 

Sec. 105. No judge of the Supreme Court of Appeals, of the cir- 
cuit court, or of any city court of record shall practice law, within 
or without this State, nor shall he hold any other office of public 
trust during his continuance in office; except that the judge of a 
corporation or hustings court in a city of the second class, may hold 
the office of commissioner in chancery of the circuit court for the 
county in which the city is located. 

Sec. 106. Writs shall run in the name of the '' Commonwealth 
of Virginia/' and be attested by the clerks of the several courts. In- 
dictments shall conclude " against the peace and dignity of the 
Commonwealth." 

Sec. 107. An Attorney-General shall be elected by the qualified 
voters of the State at the same time and for the same term as the 
Governor; and the fact of his election shall be ascertained in the 
same manner. He shall be commissioned by the Governor, perform 
such duties and receive such compensation as may be prescribed by 
law, and shall be removable in the manner prescribed for the removal 
of judges. 

Sec. 108. The General Assembly shall provide for the appoint- 
ment or election and for the jurisdiction of such justices of the 
peace as the public interest may require. 

Sec. 109. The General Assembly shall provide by whom, and in 
what manner, applications for bail shall be heard and determined. 

ARTICLE VII. 

ORGANIZATION AND GOVERNMENT OF COUNTIES. 

Sec. 110. There shall be elected by the qualified voters of each 
county, one county treasurer, Avho shall not be elected or serve for 
more than two consecutive terms, nor act as deputy of his imme- 
diate successor; one sheriff, one attorney for the Commonwealth, 
and one county clerk, who shall be the clerk of the circuit court. 
There shall be elected or appointed, for four years, as the General 
Assembly may provide commissioners of the revenue, for each 
county, the number, duties and compensation of whom shall be pre- 
scribed by law; but should such commissioners of the revenue be 
chosen by election by the people then they shall be ineligibile for 
re-election to the office for the next succeeding term. 

There shall be appointed for each county, in such manner as 
may be provided by law, one superintendent of the poor, and one 
county surveyor. 



CONSTITUTION OF VIRGINIA, 133 

Sec. 111. The magisterial districts shall, until changed by law, 
remain as now constituted: provided, that hereafter no additional 
districts shall be made containing less than thirty square miles. 
In each district there shall be elected by the qualified voters thereof, 
one supervisor. The supervisors of the districts shall constitute 
the board of supervisors of the county, which shall meet at stated 
periods and at other times as often as may be necessary, lay the 
county and district levies, pass upon all claims against tlie county, 
subject to such appeal as may be provided by law, and perform 
such duties as may be required by law. 

Sec. 112. All regular elections for county and district officers 
shall be held on Tuesday after the first Monday in November, and 
all of said officers shall enter upon the duties of their offices on the 
first day of January next succeeding their election, and shall hold 
their respective offices for the term of four years, except that the 
county clerk shall hold office for eight years; provided that the term 
of the clerks first elected under this Constitution shall begin on the 
first of February, nineteen hundred and four, and end on the first of 
January, nineteen hundred and twelve. 

Sec. 113. No person shall at the same time hold more than one 
of the offices mentioned in this article. Any officer required by law 
to give bond may be required to give additional security thereon, 
or to execute a new bond, and in default of so doing his office shall 
be declared vacant. 

Sec. 114. Counties shall not be made responsible for the acts of 
the sheriffs. 

Sec. 115. The General Assembly shall provide for the examination 
of the books, accounts and settlements of county and city officers 
who are charged with the collection and disbursement of public 
funds. 

ARTICLE VIII. 

ORGANIZATION AND GOVERNMENT OF CITIES AND TOWNS. 

Sec. 116. As used in this article the words '^incorporated com- 
munities " shall be construed to relate only to cities and towns. All 
incorporated communities, having within defined boundaries a popu- 
lation of five thousand or more, shall be known as cities; and all 
incorporated communities having within defined boundaries a popu- 
lation of less than five thousand, shall be known as towns. In de-. 
termining the population of such cities and towns the General As- 
sembly shall be governed by the last United States census, or such 
other enumeration as may be made by authority of the General As- 
sembly; but nothing in this section shall be construed to repeal the 
charter of any incorporated community of less than five thousand 
inhabitants having a city charter at the time of the adoption of 
this Constitution, or to prevent the abolition by such incorporated 
communities of the corporation or hustings court thereof. 

Sec. 117. General laws for the organization and government of 
cities and towns shall be enacted by the General Assembly, and 
no special act shall be passed in relation thereto, except in the 
manner provided in Article Four of this Constitution, and then only 



134 VlRGimA CIVIL GOVERNMENT. 

by a recorded vote of two-tliirds of the members elected to each 
house. But each of the cities and towns of the State having at the 
time of the adoption of this Constitution a municipal charter may 
retain the same, except so far as it shall be repealed or amended 
by the General Assembly: provided, that every such charter is 
hereby amended so as to conform to all the provisions, restrictions, 
limitations and po^Yers set forth in this article, or otherwise pro- 
vided in this Constitution. 

Sec. 118. In each city which has a court in whose office deeds 
are admitted to record, there shall be elected for a term of eight 
years by the qualified voters of such city a clerk of said court, 
who shall perform such other duties as may be required by law. 

There shall be elected in like manner and for a like term all 
such additional clerks of courts for cities as the General Assembly 
may prescribe, or as are now authorized by law, so long as such 
courts shall continue in existence. But in no city of less than thirty 
thousand inhabitants shall there be more than one clerk of the 
court, who shall be clerk of all the courts of record in such city. 

Sec. 119. In every city, so long as it has a corporation court, 
or a separate circuit court, there shall be elected for a term of four 
years by the qualified voters of such city, one attorney for the 
Commonwealth, who shall also, in those cities having a separate 
circuit court, be the attorney for the Commonwealth, for such cir- 
cuit court. 

In every city there shall be elected, or appointed, for a term 
of four years, in a manner to be provided by law, one commis- 
sioner of revenue, whose duties and compensation shall be prescribed 
by law; but should he be elected by the people, he shall be in- 
eligible for re-election to the office for the next succeeding term. 

Sec. 120. In every city there shall be elected by the qualified 
voters thereof one city treasurer, for a term of four years, but he 
shall not be eligible for more than two consecutive terms, nor act 
as deputy for his immediate successor; one city sergeant, for a term 
of four years, whose duties shall be prescribed by law; and, a 
mayor, for a term of four years, who shall be the chief executive 
officer of such city. All city and town olFicers, whose election or 
appointment is not provided for by this Constitution, shall be elected 
by the electors of such cities and towns, or of some division thereof, 
or appointed by such authorities thereof as the General Assembly 
shall designate. 

The mayor shall see that the duties of the various city officers, 
members of the police and fire departments, whether elected or ap- 
pointed, in and for such city, are faithfully performed. He shall 
have povrer to investigate their acts, have access to all books and 
documents in their offices, and may examine them and their subor- 
dinates on oath. The evidence given by persons so examined shall 
not be used against them in any criminal proceedings. He shall also 
have power to suspend such officers and the members of the police 
and fire departments, and to remove such officers, and also such 
members of said departments when authorized by the General As- 
sembly, for misconduct in office or neglect of duty, to be specified in 



CONSTITUTION OF VIRGINIA. 135 

the order of suspension or removal; but no such removal shall be 
made without reasonable notice to the officer complained of, and an 
opportunity afforded him to be heard in person, or by counsel, and 
to present testimony in his defense. From such order of suspen- 
sion or removal, the city officer so suspended or removed shall have 
an appeal of right to the corporation court, or, if there be no such 
court, to the circuit court of such city, in which court the case shall 
be heard de novo by the judge thereof, whose decision shall be final. 
He shall have all other powers and duties which may be conferred 
and imposed upon him by general laws. 

Sec. 121. There shall be in every city a council, composed of two 
branches having a different numxber of members, whose powers and 
terms of office shall be prescribed by law, and whose members shall 
be elected by the qualified voters of such city, in the manner pre- 
scribed by law, but so as to give as far as practicable, to each ward 
of such city, equal representation in each branch of said council in 
proportion to the population of such ward; but in cities of under ten 
thousand population the General Assembly may permit the council 
to consist of one branch. No member of the council shall be eligible 
during his tenure of office as such member, or for one year thereafter, 
to any office to be filled by the council by election or appointment. 
The council of every city may, in a manner prescribed by law, in- 
crease or diminish the number, and change the boundaries, of the 
wards thereof, and shall, in the year nineteen hundred and three, 
and in every tenth year thereafter, and also whenever the bounda- 
ries of such wards are changed, re-apportion the representation in 
the council among the wards in a manner prescribed by law; and 
whenever the council of any such city shall fail to perform the duty 
so prescribed, a mandamus shall lie on behalf of any citizen thereof 
to compel its performance. 

Sec. 122. The maj^ors and councils of cities shall be elected on 
the second Tuesday in June, and their terms of office shall begin 
on the first day of September succeeding. All other elective officers, 
provided for by this article, or hereafter authorized by law, shall be 
elected on the Tuesday after the first Monday in November, and 
their terms of office shall begin on the first day of January suc- 
ceeding, except that the terms of office of clerks of the city courts 
shall begin coincidently with that of the judges of said courts: pro- 
vided, that the General Assembly may change the time of election 
of all or any of the said officers, except that the election and the 
beginning of the terms of mayors and councils of cities shall not 
be made by the General Assembly to occur at the same time with 
the election and beginning of the terms of office of the other elective 
officers provided for by this Constitution. 

Sec. 123. Every ordinance, or resolution having the effect of an 
ordinance, shall, before it becomes operative, be presented to the 
mayor. If he approve he shall sign it, but if not, if the council con- 
sist of two branches, he may return it, with his objections in writ- 
ing, to the clerk, or other recording officer, of that branch in which it 
originated; which branch shall enter tlie objections at length on its 
journal and proceed to reconsider it. If after such consideration 



136 VIRGINIA CIVIL GOVERNMENT. 

two- thirds of all the members elected thereto shall agree to pass 
the ordinance or resolution it shall be sent, together with the ob- 
jections, to the other branch, by which it shall likewise be consid- 
ered, and if approved by two-thirds of all the members elected thereto, 
it shall become operative notw^ithstanding the objections of the 
mayor. But in all such cases the votes of both branches of the 
council shall be determined by yeas and naj^s, and the names of the 
members voting for and against the ordinance or resolution shall be 
entered on the journal of each branch. If the council consist of a 
.single branch, the mayor's objections in writing to any ordinance, 
or resolution having the effect of an ordinance, shall be returned to 
the clerk, or other recording officer of the council, and be entered at 
length on its journal; whereupon the council shall proceed to re- 
consider the same. Upon such consideration the vote shall be taken 
in the same manner as where the council consists of two branches, 
and if the ordinance or resolution be approved by two- thirds of all 
the members elected to the council, it shall become operative not- 
withstanding the objections of the mayor. If any ordinance or reso- 
lution shall not be returned by the mayor within five days (Sunday 
excepted), after it shall have been presented to him, it shall become 
operative in like manner as if he had signed it, unless his term of 
office, or that of the council, shall expire within said five days. 

The mayor shall have the power to veto any particular item 
or items of an appropriation ordinance or resolution; but the veto 
shall not affect any item or items to which he does not object. The 
item or items objected to shall not take effect except in the manner 
provided in this section as to ordinances or resolutions not ap- 
proved by the mayor. No ordinance or resolution appropriating 
money exceeding the sum of one hundred dollars, imposing taxes, 
or authorizing the borrowing of money, shall be passed, except by 
a recorded affirmative vote of a majority of all the members elected 
to the council or to each branch thereof where there are two; and 
in case of the veto by the mayor of such ordinance or resolution, it 
shall require a recorded affirmative vote of two-thirds of all the 
members elected to the council, or to eadi branch thereof where 
there are two, to pass the same over such veto in the manner pro- 
vided in this section. Nothing contained in this section shall operate 
to repeal or amend any provision in any existing city charter requir- 
ing a two-thirds vote for the passage of any ordinance as to the 
appropriation of monej^, imposing taxes or authorizing the borrow- 
ing of money. 

Sec. 124. No street railway, gas, water, steam, or electric heat- 
ing, electric light or power, cold storage, compressed air, viaduct, 
conduit, telephone, or bridge, company, nor any corporation, asso- 
ciation, person or partnership, engaged in these or like enterprises, 
shall be permitted to use the streets, alleys, or public grounds of a 
city or town without the previous consent of the corporate authori- 
ties of such city or town. 

Sec. 125. The rights of no city or town in and to its water front, 
wharf property, public landings, wharves, docks, streets, avenues, 
parks, bridges, and other public places, and its gas, water, and elec- 



CONSTITUTION OF VIRGINIA. 137 

trie works shall be sold except by an ordinance or resolution passed 
by a recorded affirmative vote of three- fourths of all the members 
elected to the council, or to each branch thereof where there are two, 
and under such other restrictions as may be imposed by law; and in 
case of the veto by the mayor of such an ordinance or resolution, it 
shall require a recorded affirmative vote of three- fourths of all the 
members elected to the council, or to each branch thereof where there 
are two, had in the manner heretofore provided for in this article, 
to pass the same over the veto. Xo franchise, lease or right of any 
kind to use any such public property or any other public property 
or easement of any description, in a manner not permitted to the 
general public, shall be granted for a longer period than thirty years. 
Before granting an}^ such franchise or privilege for a term of years, 
except for a trunk railway, the municipality shall first, after due 
advertisement, receive bids therefor publicly, in such manner as 
may be provided by law% and shall then act as may be required by 
law. Such grant, and any contract in pursuance thereof, may pro- 
vide that upon the termination of the grant the plant as well as the 
property, if any, of the grantee in the streets, avenues, and other 
public places shall thereupon, without compensation to the grantee, 
or upon the payment of a fair valuation therefor, be and become 
the property of the said city or town; but the grantee shall be en- 
titled to no payment by reason of the value of the franchise; and 
any such plant or propei-ty acquired by a city or town may be sold 
or leased, or, if authorized by law^, maintained, controlled and oper- 
ated, by such city or town. Every such grant shall specify the mode 
of determining any valuation therein provided for, and shall make 
adequate provision by way of forfeiture of the grant, or otherwise, 
to secure efficiency of public service at reasonable rates, and the 
maintenance of the property in good order throughout the term of 
the grant. Nothing herein contained shall be construed as preventing 
the General Assembly from prescribing additional restrictions on the 
powers of cities and towns in granting franchises or in selling or 
leasing any of their property, or as repealing any additional re- 
striction now required in relation thereto in any existing municipal 
charter. 

Sec. 126. The General Assembly shall provide by general laws 
for the extension and the contraction, from time to time, of the cor- 
porate limits of cities and towns; and no special act for such pur- 
pose shall be valid. 

Sec. 127. Xo city or town shall issue any bonds or other interest- 
bearing obligations for any purpose, or in any manner, to an amount 
which, including existing indebtedness, shall, at any time, exceed 
eighteen per centum of the assessed valuation of the real estate in 
the city or town subject to taxation, as shown by the last preced- 
ing assessment for taxes: provided, however, that nothing above 
contained in this section shall apply to those cities and towns whose 
charters existing at the adoption of this Constitution authorize a 
larger percentage of indebtedness than is authorized by this section: 
and provided further, that in determining the limitation of the power 
of a city or town to incur indebtedness there shall not be included 
the followinoj classes of indebtedness: 



138 VIRGINIA CIVIL GOVERNMENT, 

(a.) Certificates of indebtedness, revenue bonds or other obliga- 
tions issued in anticipation of the collection of the revenue of such 
city or town for the then current year; provided that such certificates, 
bonds or other obligations mature within one year from the date of 
their issue, and be not past due, and do not exceed the revenue for 
such year; 

(b.) Bonds authorized by an ordinance enacted in accordance with 
section One Hundred and Twenty-three, and approved by the affirma- 
tive vote of the majority of the qualified voters of the city or town 
voting upon the question of their issuance, at the general election 
next succeeding the enactment of the ordinance, or at a special 
election held for that purpose, for a supply of water or other specific 
undertaking from which the city or town may derive a revenue; but 
from and after a period to be determined by the council, not ex- 
ceeding five years from the date of such election, whenever and for 
so long as such undertaking fails to produce sufficient revenue to pay 
for cost of operation and administration (including interest on bonds 
issued therefor, and the cost of insurance against loss by injury to 
persons or property), and an annual amount to be covered into a 
sinking fund sufficient to pay, at or before maturity, all bonds issued 
on account of said undertaking, all such bonds outstanding shall be 
included in determining the limitation of the power to incur indebt- 
edness, unless the principal and interest thereof be made payable 
exclusively from the receipts of the undertaking. 

Sec. 128. In cities and towns the assessment of real estate and 
personal property for the purpose of muicipal taxation, shall be 
the same as the assessment thereof for the purpose of state taxa- 
tion, whenever there shall be a state assessment of such property. 

ARTICLE IX. 

EDUCATION AND PUBLIC INSTRUCTION. 

Sec. 129. The General Assembly shall establish and maintain an 
efficient system of public free schools throughout the State. 

Sec. 130. The general supervision of the school system shall be 
vested in a State Board of Education, composed of the Governor, 
Attorney- General, Superintendent of Public Instruction, and three 
experienced educators to be elected quadrennially by the Senate, 
from a list of eligibles, consisting of one from each of the faculties, 
and nominated by the respective boards of visitors or trustees, of 
the University of Virginia, the Virginia Military Institute, the Vir- 
ginia Polytechnic Institute, the State Female Normal School at 
Farmville, the School for the Deaf and Blind, and also of the Col- 
lege of William and Mary, so long as the State continue its annual 
appropriation to the last named institution. 

The board thus constituted shall select and associate with itself 
two division superintendents of schools, one from a county and the 
other from a city, who shall hold office for two years, and whose 
powers and duties shall be identical with those of other members, ex- 
cept that they shall not participate in the appointment of any public 
school official. 



CONSTITUTION OF VIRGINIA. 139 

Any vacancy occurring during the term of any member of the 
board shall be filled for the unexpired term by said board. 

Sec. 131. The Superintendent of Public Instruction, who shall be 
an experienced educator, shall be elected by the qualified voters of 
the State at the same time and for the same term as the Governor. 
Any vacancy in said office shall be filled for the unexpired term by 
the said board. 

His duties shall be prescribed by the State Board of Education, 
of which he shall be ex-officio president; and his compensation shall 
be fixed by law. 

Sec. 132. The duties and powers of the State Board of Educa- 
tion shall be as follows: 

First. It may, in its discretion, divide the State into appropriate 
school divisions, comprising not less than one county or city each, 
but no county or city shall be divided in the formation of such divi- 
sions. It shall, subject to the confirmation of the Senate, appoint, 
for each of such divisions, one superintendent of schools, who shall 
hold office for four years, and shall prescribe his duties, and may 
remove him for cause and upon notice. 

Second. It shall have, regulated by law, the management and in- 
vestment of the school fund. 

Third. It shall have authority to make all needful rules and 
regulations for the management and conduct of the schools, which, 
when published and distributed, shall have the force and effect of law, 
subject to the authority of the General Assembly to revise, amend, 
or repeal the same. 

Fourth. It shall select text books and educational appliances for 
use in the schools of the State, exercising such discretion as it may 
see fit in the selection of books suitable for the schools in the cities 
and counties respectively. 

Fifth. It shall appoint a board of directors, consisting of five 
members, to serve without compensation, which shall have the man- 
agement of the State Library, and the appointment of a librarian 
and other employees thereof, subject to such rules and regulations 
as the General Assembly shall prescribe; but the Supreme Court of 
Appeals shall have the management of the law library and the ap- 
pointment of the librarian and other employees thereof. 

Sec. 133. Each magisterial district shall constitute a separate 
school district, unless otherwise provided by law. In each school dis- 
trict there shall be three trustees selected, in the manner and for the 
term of office prescribed by law. 

Sec. 134. The General Assembly shall set apart as a permanent 
and perpetual literary fund, the present literary fund of the State; 
the proceeds of all public lands donated by Congress for public free 
school purposes; of all escheated property; of all waste and unap- 
propriated lands; of all property accruing to the State by forfeiture, 
and all fines collected for offences committed against the State, and 
such other sums as the General Assembh^ niay apppropriate. 

Sec. 135. The General Assembly shall apply the annual interest 
on the literary fund; that portion of the capitation tax provided 
for in the Constitution to be paid into tlie state treasury, and not 



140 VIRGINIA CIVIL GOVERNMENT, 

returnable to the counties and cities; and an annual tax on property 
of not less than one nor more than live mills on the dollar to the 
schools of the primary and grammar grades, for the equal benefit of 
all of the people of the State, to be apportioned on a basis of school 
population; the number of children between the ages of seven and 
twenty years in each school district to be the basis of such appor- 
tionment: but if at any time the several kinds or classes of prop- 
erty shall be segregated for the purposes of taxation, so as to specify 
and determine upon what subjects state taxes and upon what sub- 
jects local taxes may be levied, then the General Assembly may 
otherAvise provide for a fixed appropriation of state revenue to the 
support of the schools not less than that provided in this section. 

Sec. 136. Each county, city, town if the same be a separate school 
district, and school district is authorized to raise additional sums 
by a tax on property, not to exceed in the aggregate five mills on 
the dollar in any one year, to be apportioned and expended by the 
local school authorities of said counties, cities, towns and districts 
in establishing and maintaining such schools as in their judgment 
the public welfare may require: provided, that such primary schools 
as may be established in any school year, shall be maintained at 
least four months of that school year, before any part of the fund 
assessed and collected may be devoted to the establishment of schools 
of higher grade. The boards of supervisors of the several counties, 
and the councils of the several cities, and towns if the same be 
separate schools districts, shall provide for the levy and collection 
of such local school taxes. 

Sec. 137. The General Assembly may establish agricultural, nor- 
mal, manual training and technical schools, and such grades of 
schools as shall be for the public good. 

Sec. 138. The General Assembly may, in its discretion, provide 
for the compulsory education of children between the ages of eight 
and twelve years, except such as are weak in body or mind, or can 
read and write, or are attending private schools, or are excused for 
cause by the district school trustees. 

Sec. 139. Provision shall be made to supply children attending 
the public schools with necessary text-books in cases where the par- 
ent or guardian is unable, by reason of poverty, to furnish them. 

Sec. 140. White and colored children shall not be taught in the 
same school. 

Sec. 141. No appropriation of public funds shall be made to any 
school or institution of learning not owned or exclusively controlled 
by the State or some political subdivision thereof: provided, first, 
that the General Assembly may, in its discretion, continue the ap- 
propriations to the College of William and Mary; second, that this 
section shall not be construed as requiring or prohibiting the con- 
tinuance or discontinuance by the General Assembly of the payment 
of interest on certain bonds held by certain schools and colleges as 
provided by an act of the General Assembly, approved February 
twenty-third, eighteen hundred and ninety -two, relating to bonds 
held by schools and colleges; third, that counties, cities, towns, and 
districts may make appropriations to non-sectarian schools of man- 



CONSTITUTION OF VIEGINIA. 141 

ual, industrial, or technical training, and also to any school or in- 
stitution of learning owned or exclusively controlled by such county, 
city, town, or school district. 

Sec. 142. Members of the boards of visitors or trustees of educa- 
tional institutions shall be appointed as may be provided by law, 
and shall hold for the term of four years: provided, that at the first 
appointment, if the board be of an even number, one-half of them, 
or, if of an odd number, the least majority of them, shall be ap- 
pointed for two years. 

ARTICLE X. 

AGRICULTURE AND IMMIGRATION. 

Sec. 143. There shall be a Department of Agriculture and Im- 
migration, which shall be permanently maintained at the capital 
of the State, and which shall be under the management and control 
of a Board of Agriculture and Immigration, composed of one mem- 
ber from each congressional district, who shall be a practical farmer, 
appointed by the Governor for a term of four years, subject to con- 
firmation by the Senate, and the president of the Virginia Polytechnic 
Institute, who shall be ex-officio a member of the board: provided, 
that members of the board first appointed under this Constitution 
from the congressional districts bearing odd numbers shall hold office 
for two years. 

Sec. 144. The powers and duties of the bo? rd shall be prescribed 
by law: provided, that it shall have power lo elect and remove its 
officers, and establish elsewhere in the State subordinate branches of 
said department. 

Sec. 145. There shall be a Commissioner of Agriculture and Im- 
migration, whose term of office shall be four^years, and who shall 
be elected by the qualified voters of the State, and whose powers and 
duties shall be prescribed by the Board of Agriculture and Immigra- 
tion until otherwise provided by law. 

Sec. 146. The president of the Board of Agriculture and Immi- 
gration shall be ex- officio a member of the Board of Visitors of the 
Virginia Polytechnic Institute. 

ARTICLE XL 

PUBLIC INSTITUTIONS AND PRISONS. 

Sec. 147. There shall be a state penitentiary, with such branch 
prisons and prison farms as may be provided by law. 

Sec. 148. There shall be appointed by the Governor, subject to 
confirmation by the Senate, a board of five directors which, subject 
to such regulations and requirements as may be prescribed by law, 
shall have the government and control of the penitentiary, branch 
prisons, and prison farms, and shall appoint the superintendents 
and surgeons thereof. The respective superintendents shall appoint, 
and may remove, all other officers and employees of the penitentiary, 
branch prisons, and prison fanns, subject to the approval of the 
board of directors. The superintendents and surgeons shall be ap- 



143 VIEGINIA CIVIL GOVERNMENT. 

pointed for a term of four years, and be removable by the board of 
directors for misbehavior, incapacity, neglect of official duty, or 
acts performed without authority of law. The terms of the direct- 
ors first appointed shall be one, two, three, four, and five years 
respectively; and thereafter, upon the expiration of the term of a 
director, his successor shall be appointed for a term of five years. 

Sec. 149. For each state hospital for the insane now existing, or 
hereafter established, there shall be a special board of directors, 
consisting of three members, who shall be appointed by the Gov- 
ernor, subject to confirmation by the Senate; such board shall have 
the management of the hospital for which it is appointed, under the 
supervision and control of the general board of directors hereinafter 
constituted. The terms of the directors first appointed shall be two, 
four, and six years, respectively, and thereafter, upon the expira- 
tion of the term of a member, his successor shall be appointed for a 
term of six years. 

Sec. 150. There shall be a general board of directors for the con- 
trol and management of all the state hospitals for the insane now 
existing or hereafter established, which shall consist of all the direct- 
ors appointed members of the several special boards. The general 
board of directors shall be subject to such regulations and require- 
ments as the General Assembly may from time to time prescribe, 
and shall have full power and control over the special boards of 
directors and all of the officers and employees of the said hospitals. 

Sec. 151. The general board of directors shall appoint for a term 
of four years a superintendent for each hospital, who shall be re- 
movable by said board for misbehavior, incapacity, neglect of official 
duty, or acts performed without authority of law. The special board 
of each hospital, shall, subject to the approval of the general board, 
appoint for a term of four years all other resident officers. The 
superintendent of each hospital shall appoint, and may remove, with 
the approval of the special board, all other employees of such hos- 
pital. 

Sec. 152. There shall be a Commissioner of State Hospitals for 
the Insane, who shall be appointed by the Governor, subject to con- 
firmation by the Senate, for a term of four years. He shall be ex- 
offic'io chairman of the general and of each of the special boards of 
directors, and shall be responsible for the proper disbursement of all 
moneys appropriated or received from any source for the mainte- 
nance of such hospitals; he shall cause to be established and main- 
tained at all of the hospitals a uniform system of keeping the records 
and the accounts of money received and disbursed and of making re- 
ports thereof. He shall perform such other duties and shall execute 
such bond and receive such salary as may be prescribed by law. 

ARTICLE XII. 

CORPORATIONS. 

Sec. 153. As used in this article, the term " corporation " or 
" company " shall include all trusts, associations and joint stock 
companies having any powers or privileges not possessed by Individ- 



CONSTITUTION OF VIRGINIA, 143 

uals or unlimited partnerships, and exclude all municipal corpora- 
tions and public institutions owned or controlled by the State; the 
term " charter " shall be construed to mean the charter of incor- 
poration by, or under, which any such corporation is formed; the 
term " transportation company " shall include any company, trustee, 
or other person owning, leasing or operating for hire a railroad, 
street railway, canal, steamboat or steamship line, and also any 
freight car company, car association, or car trust, express company, 
or company, trustee or person in any way engaged in business as a 
common carrier over a route acquired in whole or in part under 
the right of eminent domain; the term "rate" shall be construed 
to mean " rate of charge for any service rendered or to be rendered*'; 
the terms " rate," " charge " and " regulation," shall include joint 
rates, joint charges, and joint regulations, respectively; the term 
" transmission company " shall include any company owning, leas- 
ing, or operating for hire, any telegraph or telephone line; the term 
" freight " shall be construed to mean any property transported, or 
received for transportation, by any transportation company; the 
term " public service corporation " shall include all transportation 
and transmission companies, all gas, electric light, heat and power 
companies, and all persons authorized to exercise the right of emi- 
nent domain, or to use or occupy any street, alley or public high- 
way, whether along, over, or under the same, in a manner not per- 
mitted to the general public; the term "person," as used in this 
article, shall include individuals, partnerships and corporations, in 
the singular as well as plural number; the term "bond" shall mean 
all certificates, or written evidences, of indebtedness issued by any 
corporation and secured by mortgage or trust deed; the term 
" frank " shall be construed to mean any writing or token, issued by, 
or under authority of, a transmission company, entitling the holder 
to any service from such company free of charge. The provisions of 
this article shall always be so restricted in their application as not 
to conflict with any of the provisions of the Constitution of the 
United States, and as if the necessary limitations upon their in- 
terpretation had been herein expressed in each case. 

Sec. 154. The creation of corporations, and the extension and 
amendment of charters (whether heretofore or hereafter granted), 
shall be provided for by general laws, and no charter shall be granted, 
amended or extended by special act, nor shall authority in such mat- 
ters be conferred upon any tribunal or officer, except to ascertain 
whether the applicants have, by complying with the requirements of 
the law, entitled themselves to the charter, amendment or extension 
applied for, and to issue, or refuse, the same accordingly. Such gen- 
eral laws may be amended or repealed by the General Assembly; 
and all charters and amendments of charters, now existing and re- 
vocable, or hereafter granted or extended, may be repealed at any 
time by special act. Provision shall be made, by general laws, for 
the voluntary surrender of its charter by any corporation, and for 
the forfeiture thereof for non-user or mis-user. The General As- 
sembly shall not, by special act, regulate the affairs of any corpora- 
lion, nor, by such act, give it any rights, powers or privileges. 



144 VIRGINIA CIVIL GOVERNMENT. 

Sec. 155. A permanent commission, to consist of three members, 
is hereby created, which shall be known as the State Corporation 
Commission. The commissioners shall be appointed by the Gov- 
ernor, subject to confirmation by the General Assembly in joint 
session, and their regular terms of office shall be six years, re- 
spectively, except those first appointed under this Constitution, of 
whom, one shall be appointed to hold office until the first day of 
February, nineteen hundred and four, one, until the first day of 
February, nineteen hundred and six, and one, until the first day of 
February, nineteen hundred and eight. Whenever a vacancy in the 
commission shall occur, the Governor shall forthwith appoint a 
qualified person to fill the same for the unexpired term, subject to 
confirmation by the General Assembly as aforesaid. Commissioners 
appointed for regular terms shall, at the beginning of the terms for 
which appointed, and those appointed to fill vacancies shall, imme- 
diately upon their appointments, enter upon the duties of their 
office; but no person so appointed, either for a regular term, or to 
fill a vacancy, shall enter upon, or continue in, office after the Gen- 
eral Assembly shall have refused to confirm his appointment, or ad- 
journed sine die without confirming the same, nor shall he be eligible 
for re-appointment to fill the vacancy caused by such refusal or fail- 
ure to confirm. No person while employed by, or holding any office 
in relation to, an^f transportation or transmission company, or while 
in any wise financially interested therein, or while engaged in prac- 
ticing law, shall hold office as a member of said commission, or per- 
form any of the duties thereof. At least one of the commissioners 
shall have the qualifications prescribed for judges of the Supreme 
Court of Appeals; and any commissioner may be impeached or re- 
moved in the manner provided for the impeachment or removal of a 
judge of said court. The commission shall annually elect one of 
their members chairman of the same, and shall have one clerk, one 
bailiff and such other clerks, officers, assistants and subordinates as 
may be provided by law, all of whom shall be appointed, and sub- 
ject to removal, by the commission. It shall prescribe its own rules 
of order and procedure, except so far as the same are specified in 
this Constitution or any amendment thereof. The General Assembly 
may establish within the department, and subject to the supervision 
and control, of the commission, subordinate divisions, or bureaus, of 
insurance, banking or other special branches of the business of that 
department. All sessions of the commission shall be public, and a 
permanent record shall be kept of all its judgments, rules, orders, 
findings and decisions, and of all reports made to, or by, it. Two of 
the commissioners shall constitute a quorum for the transaction of 
business, whether there be a vacancy in the commission or not. The 
commission shall keep its office open for business on every day ex- 
cept Sundays and legal holiday's. Transportation companies shall at 
all times transport, free of charge, within this State, the members 
of said commission and its officers, or any of them,* when engaged 
on their official duties. The General Assembly shall provide suitable 
quarters for the commission and funds for its lawful expenses, in- 
cluding pay for witnesses summoned, and costs of executing proc- 



CONSTITUTION OF VIRGINIA, 145 

esses issued, by the commission of its own motion; and shall fix 
the salaries of the members, clerks, assistants and subordinates of 
the commission and provide for the payment thereof; but the salary 
of each commissioner shall not be less than four thousand dollars 
per annum. After the first day of January, nineteen hundred and 
eight, the General Assembly may provide for the election of the 
members of the commission by the qualified voters of the State; in 
which event, vacancies thereafter occurring shall be filled as here- 
inbefore provided, until the expiration of twenty days after the 
next general election, held not less than sixty days after the va- 
cancy occurs, at which election the vacancy shall be filled for the 
residue of the unexpired term. 

Sec. 156. {a) Subject to the provisions of this Constitution and 
to such requirements, rules and regulations as may be prescribed 
by law, the State Corporation Commission shall be. the department 
of government through which shall be issued all charters and 
amendments or extensions thereof, for domestic corporations, and 
all licenses to do business in this State to foreign corporations; and 
through which shall be carried out all the provisions of this Con- 
stitution, and of the laws made in pursuance thereof, for the crea- 
tion, visitation, supervision, regulation and control of corporations 
chartered by, or doing business in, this State. The commission shall 
prescribe the forms of all reports which may be required of such 
corporations by this Constitution or by law; it shall collect, receive, 
and preserve such reports, and annually tabulate and publish them 
in statistical form; it shall have all the rights and powers of, and 
perform all the duties devolving upon, the Railroad Commissioner 
and the Board of Public Works, at the time this Constitution goes 
into effect, except so far as they are inconsistent with this Constitu- 
tion, or may be hereafter abolished or changed by law. 

[h) The commission shall have the power, and be charged with 
the duty, of supervising, regulating and controlling all transporta- 
tion and transmission companies doing business in this State, in all 
matters relating to the performance of their public duties and their 
charges therefor, and of correcting abuses therein by sucli companies; 
and to that end the commission shall, from time to time, prescribe, 
and enforce against such companies, in the manner hereinafter au- 
thorized, such rates, charges, classifications of traffic, and rules and 
regulations, and shall require them to establish and maintain all 
such public service, facilities and conveniences, as may be reason- 
able and just, which said rates, charges, classifications, rules, regu- 
lations and requirements, the commission may, from time to time, 
alter or amend. All rates, charges, classifications, rules and regula- 
tions adopted, or acted upon, by any such company, inconsistent 
with those prescribed by the commission, within the scope of its 
authority, shall be unlawful and void. The commission shall also 
have the right at all times to inspect the books and papers of all 
transportation and transmission companies doing business in this 
State, and to require from such companies, from time to time, spe- 
cial reports and statements under oath, concerning their business; 
it shall keep itself fully informed of the physical condition of all 



146 VIRGINIA CIVIL GOVERNMENT. 

the railroads of the State, as to the manner in which they are oper- 
ated, with reference to the security and accommodation of the pub- 
lic, and shall, from time to time, make and enforce such require- 
ments, rules and regulations as may be necessary to prevent unjust 
or unreasonable discriminations by any transportation or transmis- 
sion company in favor of, or against, any person, locality, com- 
munity, connecting line, or kind of traffic, in the matter of car 
service, train or boat schedule, efficiency of transportation or other- 
wise, in connection with the public duties of such company. Before 
the commission shall prescribe or fix any rate, charge, or classifica- 
tion of traffic, and before it shall make any order, rule, regulation 
or requirement directed against any one or more companies by name, 
the company or companies to be affected by such rate, charge, classi- 
fication, order, rule, regulation or requirement, shall first be given, 
by the commission, at least ten days' notice of the time and place, 
when and where the contemplated action in the premises will be con- 
sidered and disposed of, and shall be afforded a reasonable oppor- 
tunity to introduce evidence and to be heard thereon, to the end 
that justice may be done, and shall have process to enforce the at- 
tendance of witnesses; and before the commission shall make or 
prescribe any general order, rule, regTilation or requirement, not 
directed against any specific company or companies by name, the 
contemplated general order, rule, regulation or requirement shall 
first be published in substance, not less than once a week for four 
consecutive weeks in one or more of the newspapers of general cir- 
culation published in the city of Richmond, Virginia, together with 
notice of the time and place, when and where the commission will 
hear any objections which may be urged by any person interested, 
against the proposed order, rule, regulation or requirement; and 
every such general order, rule, regulation or requirement, made by 
the commission shall be published at length, for the time and in 
the manner above specified, before it shall go into effect, and shall 
also, as long as it remains in force, be published in each subsequent 
annual report of the commission. The authority of the commission 
(subject to review on appeal as hereinafter provided) to prescribe 
rates, charges and classifications of traffic, for transportation and 
transmission companies, shall be paramount; but its authority to 
prescribe any other rules, regulations or requirements for corpora- 
tions or other persons shall be subject to the superior authority of 
the General Assembly to legislate thereon by general laws: pro- 
vided, however, that nothing in this section shall impair the right 
which has heretofore been, or may hereafter be, conferred by law 
upon the authorities of any city, town or county to prescribe rules, 
regulations or rates of charge to be observed by any public service 
corporation in connection with any services performed by it under a 
municipal or county franchise granted by such city, town or county, 
so far as such services may be wholly within the limits of the city, 
town or county granting the franchise. Upon the request of the 
parties interested, it shall be the duty of the commission, as far as 
possible, to effect, by mediation, the adjustment of claims, and the 
settlement of controversies, between transportation or transmission 
companies and their patrons. 



CONSTITUTION OF VIRGINIA. 147 

(c) In all matters pertaining to the public visitation, regula- 
tion or control of corporations, and within the jurisdiction of the 
commission, it shall have the powers and authority of a court of 
record, to administer oaths, to compel the attendance of w^itnesses 
and the production of papers, to punish for contempt any person 
guilty of disrespectful or disorderly conduct in the presence of the 
commission while in session, and to enforce compliance with any of 
its lawful orders or requirements by adjudging, and enforcing by 
its own appropriate process, against the delinquent or offending com- 
pany (after it shall have been first duly cited, proceeded against 
by due process of law before the commission sitting as a court, 
and afforded opportunity to introduce evidence and to be heard, 
as well against the validity, justness or reasonableness of the 
order or requirement alleged to have been violated, as against the 
liability of the company for the alleged violation), such fines or 
other penalties as may be prescribed or authorized by this Constitu- 
tion or by law. The commission ma}^ be vested with such additional 
powers, and charged with such other duties (not inconsistent with 
this Constitution) as may be prescribed by law, in connection with 
the visitation, regulation or control of corporations, or with the 
prescribing and enforcing of rates and charges to be observed in 
the conduct of any business where the State has the right to pre- 
scribe the rates and charges in connection therewith, or with the 
assessment of the property of corporations, or the appraisement of 
their franchises, for taxation, or with the investigation of the sub- 
ject of taxation generally. Any corporation failing or refusing to 
obey any valid order or requirement of the commission, within such 
reasonable time, not less than ten days, as shall be fixed in the 
order, may be fined by the commission (proceeding by due process 
of law as aforesaid) such sum, not exceeding five hundred dollars, 
as the commission may deem proper, or such sum, in excess of five 
hundred dollars, as may be prescribed, or authorized, by law; and 
each day's continuance of such failure or refusal, after due service 
upon such corporation of the order or requirement of the commis- 
sion, shall be a separate offence: provided, that should the operation 
of such order or requirement be suspended pending an appeal there- 
from, the period of such suspension shall not be computed against 
the company in the matter of its liability to fines or penalties. 

{d) From any action of the commission prescribing rates, charges 
or classifications of traffic, or affecting the train schedule of any 
transportation company, or requiring additional facilities, conven- 
iences or public service of any transportation or transmission com- 
pany, or refusing to approve a suspending bond, or requiring ad- 
ditional security thereon or an increase thereof, as provided for in 
sub-section e of this section, an appeal (subject to such reasonable 
limitations as to time, regulations as to procedure and provisions 
as to costs, as may be prescribed by law) may be taken by the cor- 
poration whose rates, charges or classifications of traffic, schedule, 
facilities, conveniences or service, are affected, or by any person 
deeming himself aggrieved by such action, or (if allowed by law) 
by the Commonwealth, Until otherwise provided by law^, such appeal 



148 VIRGINIA CIVIL GOVERNMENT. 

shall be taken in the manner in which appeals may be taken to the 
Supreme Court of Appeals from the inferior courts, except that 
such an appeal shall be of right, and the Supreme Court of Appeals 
may provide by rule for proceedings in the matter of appeals in 
any particular in which the existing rules of law are inapplicable. 
If such appeal be taken by the corporation whose rates, charges or 
classifications of traffic, schedules, facilities, conveniences or senice 
are affected, the Commonwealth shall be made the appellee; but, in 
the other cases mentioned, the corporation so affected shall be made 
the appellee. The General Assembly may also, by general laws, 
provide for appeals from any other action of the commission, by the 
Commonwealth or by any person interested, irrespective of the 
amount involved. All appeals from the commission shall be to the 
Supreme Court of Appeals only; and in all appeals to which the 
Commonwealth is a party, it shall be represented by the Attorney- 
General or his legally appointed representative. No court of this 
Commonwealth (except the Supreme Court of Appeals, by way of 
appeals as herein authorized), shall have jurisdiction to review, re- 
verse, correct or annul any action of the commission, within the 
scope of its authority, or to suspend or delay the execution or opera- 
tion thereof, or to enjoin, restrain or interfere with the commission 
in the performance of its official duties: provided, however, that the 
writs of mandamus and prohibition shall lie from the Supreme* 
Court of Appeals to the commission in all cases where such writs, 
respectively, would lie to any inferior tribunal or officer. 

(e) Upon the granting of an appeal, a writ of supersedeas may 
be awarded by the appellate court, suspending the operation of the 
action appealed from until the final disposition of the appeal; but, 
prior to the final reversal thereof by the appellate court, no action 
of the commission prescribing or affecting the rates, charges or classi- 
fications of traffic of any transportation or transmission company 
shall be delayed, or suspended, in its operation, by reason of any 
appeal by such corporation, or by reason of any proceedings result- 
ing from such appeal, imtil a suspending bond shall first have been 
executed and filed with, and approved by, the commission (or ap- 
proved on review by the Supreme Court of Appeals), payable to the 
Commonwealth, and sufficient in amount and security to insure the 
prompt refunding, by the appealing corporation to the parties en- 
titled thereto, of all charges which such company may collect or 
receive, pending the appeal, in excess of those fixed, or authorized, 
by the final decision of the court on appeal. The commission, upon 
the execution of such bond, shall forthwith require the appealing 
company, under penalty of the immediate enforcement (pending the 
appeal and notwithstanding any supersedeas), of the order or re- 
quirement appealed from, to keep such accounts, and to make to the 
commission, from time to time, such reports, verified by oath, as 
may, in the judgment of the commission, suffice to show the amounts 
being charged or received by the company, pending the appeal, in 
excess of the charge allowed by the action of the commission ap- 
pealed from, together with the names and addresses of the persons 
to whom such overcharges will be refundable in case the charges 



CONSTITUTION OF VIRGINIA, 149 

made by the company pending the appeal, be not sustained on such 
appeal; and the commission shall also, from time to time, require 
such company, under like penalty, to give additional security on, 
or to increase, the said suspending bond, whenever, in the opinion 
of the commission, the same may be necessary to insure the prompt 
refunding of the overcharges aforesaid. Upon the final decision of 
such appeal, all amounts which the appealing company may have 
collected, pending the appeal, in excess of that authorized by such 
final decision, shall be promptly refunded by the company to the 
parties entitled thereto, in such manner, and through such methods 
of distribution, as may be prescribed by the commission, or by law. 
All such appeals affecting rates, charges or classifications of traffic, 
shall have precedence upon the docket of the appellate court, and 
shall be heard and disposed of promptly by the court, irrespective 
of its place of session, next after the liaheas corpus, and Common- 
wealth's cases already on the docket of the court. 

if) In no case of appeal from the commission shall any new or 
additional evidence be introduced in the appellate court; but the 
chairman of the commission, under the seal of the commission, shall 
certify to the appellate court all the facts upon which the action 
appealed from was based and which may be essential for the proper 
decision of the appeal, together with such of the evidence introduced 
before, or considered by, the commission as may be selected, speci- 
fied and required to be certified, by any party in interest, as well as 
such other evidence, so introduced or considered, as the commission 
may deem proper to certify. The commission shall, whenever an 
appeal is taken therefrom, file with the record of the case, and as a 
part thereof, a written statement of the reasons upon which the 
action appealed from was based, and such statement shall be read 
and considered by the appellate court, upon disposing of the appeal. 
The appellate court shall have jurisdiction, on such appeal, to con- 
sider and determine the reasonableness and justness of the action 
of the commission appealed from, as well as any other matter aris- 
ing under such appeal: provided, however, that the action of the 
commission appealed from shall be regarded as prima facie just, rea- 
sonable and correct; but the court may, when it deems necessary, in 
the interest of justice, remand to the commission any case pending 
on appeal, and require the same to be further investigated by the 
commission, and reported upon to the court (together with a certifi- 
cate of such additional evidence as may be tendered before the com- 
mission by any party in interest), before the appeal is finally de- 
cided. 

{g) Whenever the court, upon appeal, shall reverse an order of 
the commission affecting the rates, charges or the classification of 
traffic of any transportation or transmission company, it shall, at 
the same time, substitute therefor such order as, in its opinion, the 
commission should have made at the time of entering the order ap- 
pealed from; otherwise, the reversal order shall not be valid. Such 
substituted order shall have the same force and effect (and none 
other) as if it had been entered by the commission at the time the 
original order appealed from was entered. The right of the com- 



150 VIRGINIA CIVIL GOVERNMENT. 

mission to prescribe and enforce rates, charges, classifications, rules 
and regulations, affecting any or all actions of the commission there- 
tofore entered by it and appealed from, but based upon circumstances 
or conditions different from those existing at the time the order 
appealed from was made, shall not be suspended or impaired by 
reason of the pendency of such appeal; but no order of the com- 
mission, prescribing or altering such rates, charges, classifications, 
rules or regulations, shall be retroactive. 

{li) The right of any person to institute and prosecute in the 
ordinary courts of justice, any action, suit or motion against any 
transportation or transmission company, for any claim or cause of 
action against such company, shall not be extinguished or impaired, 
by reason of any fine or other penalty which the commission may 
impose, or be authorized to impose, upon such company because of 
its breach of any public duty, or because of its failure to comply 
v/ith any order or requirement of the commission; but, in no such 
proceeding by any person against such corporation, nor in any col- 
lateral proceeding, shall the reasonbleness, justness or validity of 
any rate, charge, classification or traffic, rule, regulation or require- 
ment, theretofore prescribed by the commission, within the scope of 
its authority, and then in force, be questioned: provided, however, 
that no case based upon or involving any order of the commission 
shall be heard, or disposed of, against the objection of either party, 
so long as such order is suspended in its operation by an order of the 
Supreme Court of Appeals as authorized by this Constitution or by 
any law passed in pursuance thereof. 

(/) The commission shall make annual reports to the Governor of 
its proceedings, in which reports it shall recommend, from time to 
time, such new or additional legislation in reference to its powers 
or duties, or to the creation, supervision, regulation or control of 
corporations, or to the subject of taxation, as it may deem wise or 
expedient, or as may be required by law. 

{k) Upon the organization of the State Corporation Commission, 
the Board of Public Works and the office of Railroad Commissioner, 
shall cease to exist; and all books, papers and documents pertaining 
thereto, shall be transferred to, and become a part ot the records of, 
the office of the State Coi-poration Commission. 

(I) After the first day of January, nineteen hundred and five, in 
addition to the modes of amendment provided for in Article Fifteen 
of this Constitution, the General Assembly, upon the recommenda- 
tion of tiie State Corporation Commission, may, by law, from time 
to time, amend sub-sections a to /, inclusive, of this section, or any 
of them, or any such amendment thereof: provided, that no amend- 
ment made under authority of this sub-section shall contravene the 
provisions of any part of this Constitution other than the sub-sec- 
tions last above referred to or any such amendment thereof. 

Sec. 157. Provision shall be made by general laws for the pay- 
ment of a fee to the Commonwealth by every domestic corporation, 
upon the granting, amendment or extension of its charter, and by 
PY&rj foreign corporation upon obtaining a license to do business in 
tkis State as specified in this section; and also for the payment, by 



CONSTITUTION OF VIRGINIA. 151 

every domestic corporation, and foreign corporation doing business 
in this State, of an annual registration fee of not less than five 
dollars nor more than twenty-five dollars, which shall be irrespec- 
tive of any specific license, or other, tax imposed by law upon such 
company for the privilege of carrying on its business in this State, 
or upon its franchise or property; and for the making, by every such 
corporation (at the time of paying such annual registration fee), of 
such report to the State Corporation Commission, of the status, 
business or condition of such corporation, as the General Assembly 
may prescribe. Xo foreign corporation shall have authority to do 
business in this State, until it shall have first obtained from the 
commission a license to do business in this State, upon such terms 
and conditions as may be prescribed by law\ The failure by any 
corporation for two successive years to pay its annual registration 
fee, or to make its said annual reports, shall, when such failure shall 
liave continued for ninety days after the expiration of such two 
years, operate as a revocation and annulment of the charter of such 
corporation if it be a domestic company, or, of its license to do busi- 
ness in this State if it be a foreign company; and the General As- 
sembh^ shall provide additional and suitable penalties for the failure 
of any corporation to comply promptly with the requirements of 
this section, or of an}^ laws passed in pursuance thereof. The com- 
mission shall compel all corporations to comply promptly with such 
requirements, by enforcing, in the manner hereinbefore authorized, 
such fines and penalties against the delinquent company as may be 
provided for, or authorized by, this article; but the General Assembly 
may relieve from the payment of the said registration fee any purely 
charitable institution or institutions. 

Sec. 158. Every corporation heretofore chartered in this State, 
which shall hereafter accept, or effect, any amendment or extension 
of its charter, shall be conclusively presumed to have thereby sur- 
rendered every exemption from taxation, and every non-repealable 
feature of its charter and of the amendments thereof, and also all 
exclusive rights or privileges theretofore granted to it by the Gen- 
eral Assembly and not enjoyed by other corporations of a similar 
general character; and to have thereby agreed to thereafter hold its 
charter and franchises, and all amendments thereof, under the pro- 
visions and subject to all the requirements, terms and conditions of 
this Constitution and of any laws passed in pursuance thereof, so far 
as the same may be applicable to such corporation. 

Sec. 159. The exercise of the right of eminent domain shall never 
be abridged, nor so contstrued as to prevent the General Assembly 
from taking the property and franchises of corporations and sub- 
jecting them to public use, the same as the property of individuals; 
and the exercise of the police power of the State shall never be 
abridged, nor so construed as to permit corporations to conduct their 
business in such manner as to infringe the equal rights of individuals 
or the general well-being of the State. 

Sec. 160. Xo transportation or transmission company shall charge 
or receive any greater compensation, in the aggregate, for transport- 
ing the same class of passengers or property, or for transmitting the 



152 YtRGlNlA CIVIL GOVERNMENT. 

same class of messages, over a sliorlcr than over a longer distance, 
along the same line and in the same direction — the shorter being 
included in the longer distance; but this section shall not be con- 
strued as authorizing any such company to charge or receive as great 
compensation for a shorter as for a longer distance. The State 
Corporation Commission may, from time to time, authorize any 
such company to disregard the foregoing provisions of this section, 
by charging such rates as the commission may prescribe as just and 
equitable between such company and the public, to or from any 
junctional or competitive points or localities, or where the com- 
petition of points located without this State may make necessary 
the prescribing of special rates for the protection of the commerce 
of this State; but this section shall not apply to mileage tickets, 
or to any special excursion, or commutation, rates, or to special 
rates for services rendered to the government of this State, or of 
the United States, or in the interest of some public object, when 
such tickets or rates shall have been prescribed or authorized by the 
commission. 

Sec. 161. No transportation or transmission company doing busi- 
ness in this State shall grant to any member of the General As- 
sembly, or to any state, county, district or municipal officer, except 
to members and officers of the State Corporation Commission for 
their personal use while in office, any frank, free pass, free trans- 
portation, or any rebate or reduction in the rates charged by such 
company to the general public for like services. For violation of the 
provisions of this section the offending company shall be liable to 
such penalties as^ may be prescribed by law; and any member of the 
General Assembly, or any such officer, who shall, while in office, 
accept any gift, privilege or benefit as is prohibited by this section, 
shall thereby forfeit his office, and be subject to such further penal- 
ties as may be prescribed by law; but this section shall not prevent 
a street railway company from transporting free of charge any mem- 
ber of the police force or fire department while in the discharge of 
his official duties, nor prohibit the acceptance by any such policeman 
or fireman of such free transportation. 

Sec. 162. The doctrine of fellow- servant, so far as it affects the 
liability of the master for injuries to his servant resulting from the 
acts or omissions of any other servant or servants of the common 
master, is, to the extent hereinafter stated, abolished as to every 
employee of a railroad company, engaged in the physical construc- 
tion, repair or maintenance of its roadway, track or any of the 
structures connected therewith, or in any work in or upon a car or 
engine standing upon a track, or in the physical operation of a train, 
car, engine, or switch, or in any service requiring his presence upon 
a train, car or engine; and every such employee shall have the same 
right to recover for every injury suffered by him from the acts or 
omissions of any other employee or employees of the common mas- 
ter, that a servant would have (at the time when this Constitution 
goes into effect), if such acts or omissions were those of the master 
himself in the performance of a non-assignable duty: provided, that 
the injury, so suffered by such railroad employee, result from the 



CONSTITUTION OF VIRGINIA. 153 

negligence of an officer, or agent, of the company of a higher grade 
of service than himself, or from that of a person, employed by the 
company, having the right, or charged with the duty, to control or 
direct the general services or the immediate work of the party in- 
jured, or the general services or the immediate work of the co- em- 
ployee through, or by, whose act or omission he is injured; or that it 
result from the negligence of a co- employee engaged in another de- 
partment of labor, or engaged upon, or in charge of, any car upon 
which, or upon the train of which it is a part, the injured employee 
is not at the time of receiving the injury, or who is in charge of any 
switch, signal point, or locomotive engine, or is charged with dis- 
patching trains or transmitting telegraphic or telephonic orders 
therefor; and whether such negligence be in the performance of an 
assignable or non- assignable duty. The physical construction, re- 
pair or maintenance of the roadway, track or any of the structures 
connected therewith, and the physical construction, repair, main- 
tenance, cleaning or operation of trains, cars or engines, shall be 
regarded as different departments of labor within the meaning of 
this section. Knowledge, by any such railroad employee injured, of 
the defective or unsafe character or condition of any machinery, 
ways, appliances or structures, shall be no defence to an action for 
injury caused thereby. When death, whether instantaneous or not, 
results to such an employee from any injury for which he could 
have recovered, under the above provisions, had death not occurred, 
then his legal or personal representative, surviving consort, and 
relatives (and any trustee, curator, committee or guardian of such 
consort or relatives) shall, respectively, have the same rights and 
remedies with respect thereto as if his death had been caused by 
the negligence of a co-employee while in the prformance, as vice- 
principal, of a non-assignable duty of the master. Every contract 
or agreement, express or implied, made by an employee, to waive 
the benefit of this section, shall be null and void. This section shall 
not be construed to deprive any employee, or his legal or personal 
representative, surviving consort or relatives (or any trustee, cura- 
tor, committee or guardian of such consort or relatives), of any 
rights or remedies that he or they may have by the law of the land, 
at the time this Constitution goes into effect. Nothing contained 
in this section shall restrict the power of the General Assembly to 
further enlarge, for the above-named class of employees, the rights 
and remedies hereinbefore provided for, or to extend such rights and 
remedies to, or otherwise enlarge the present rights and remedies of, 
any other class of employees of railroads or of employees of any 
person, firm or corporation. 

Sec. 163. No foreign corporation shall be authorized to carry on, 
in this State, the business, or to exercise any of the powers or func- 
tions, of a public service corporation, or be permitted to do any- 
thing which domestic corporations are prohibited from doing, or be 
relieved from compliance with any of the requirements made of simi- 
lar domestic corporations by the Constitution and laws of this State, 
where the same can be made applicable to such foreign corporation 
without discriminating against it. But this section shall not af- 



154 VIRGINIA CIVIL GOVERNMENT, 

feet any publie service corporation whose line or route extends 
across the boundary of this Commonwealth, nor prevent any foreign 
corporation from continuing in such lawful business as it may be 
actually engaged in within this State, when this Constitution goes 
into effect; but any such foreign publie service corporation, so en- 
gaged, shall not, without first becoming incorporated under the laws 
of this State, be authorized to acquire, lease, use or operate, within 
this State, any public or municipal franchise or franchises in addition 
to such as it may own, lease, use or operate when this Constitution 
goes into effect. The property, within this State, of foreign cor- 
porations shall always be subject to attachment, the same as 
that of non-resident individuals; and nothing in this section shall 
restrict the power of the General Assembly to discriminate against 
foreign corporations whenever, and in whatsoever respect, it may 
deem wise or expedient. 

Sec. 164. The right of the Commonwealth, through such instru- 
mentalities as it may select, to prescribe and define the public duties 
of all common carriers and public service corporations, to regulate 
and control them in the performance of their public duties, and to 
fix and limit their charges therefor, shall never be surrendered nor 
abridged. 

Sec. 165. The General Assembly shall enact laws preventing all 
trusts, combinations and monopolies, inimical to the public welfare. 

Sec. 166. The exclusive right to build or operate railroads parallel 
to its own, or any other, line of railroad, shall not be granted to any 
company; but every railroad company shall have the right, subject 
to such reasonable regulations as may be prescribed by law, to 
parallel, intersect, connect with or cross, with its roadway, any other 
railroad or railroads; but no railroad company shall build or operate 
any line of railroad not specified in its charter, or in some amend- 
ment thereof. All railroad companies, whose lines of railroad con- 
nect, shall receive and transport each others passengers, freight, 
loaded or empty cars, without delay or discrimination. Nothing iji 
this section shall deprive the General Assembly of the right to pre- 
vent by statute, repealable at pleasure, any railroad from being 
built parallel to the present line of the Richmond, Fredericksburg 
and Potomac railroad. 

Sec. 167« The General Assembly shall enact general laws regu- 
lating and controlling all issues of stock and bonds by corporations. 
Whenever stock or bonds are to be issued by a corporation, it shall, 
before issuing the same, file with the State Corporation Commission 
a statement (verified by the oath of the president or secretary of 
the corporation, and in such form as may be prescribed or permitted 
by the commission) setting forth fully and accurately the basis, or 
financial plan, upon which such stock or bonds are to be issued; and 
w^here such basis or plan includes services or property (other than 
money), received or to be received by the company, such statement 
shall accurately specify and describe, in the manner prescribed, or 
permitted, by the commission, the services and property, together 
with the valuation at which the same are received or to be received; 
and such corporation shall comply with any other requirements or 



CONSTITUTION OF VIRGINIA, 155 

restrictions which may be imposed by law. The General Assembly 
shall provide adequate penalties for the violation of this section, or 
of any laws passed in pursuance thereof; and it shall be the duty of 
the commission to adjudge, and enforce (in the manner hereinbefore 
provided), against any corporation refusing or failing to comply with 
the provisions of this section, or of any laws passed in pursuance 
thereof, such fines and penalties as are authorized by this Constitu- 
tion, or may be prescribed by law. 

ARTICLE XIII. 

TAXATION AND FINANCE. 

Sec. 168. All property, except as hereinafter provided, shall be 
taxed; all taxes, whether stale, local, or municipal, shall be uniform 
upon the same class of subjects within the territorial limits of the 
authority levying the tax, "and shall be levied and collected under 
general laws. 

Sec. 169. Except as hereinafter provided, all assessments of real 
estate and tangible personal property shall be at their fair market 
value, to be ascertained as prescribed by law. The General Assembly 
may allow a lower rate of taxation to be imposed for a period of 
years by a city or town upon land added to its corporate limits, than 
is imposed on similar property within its limits at the time such 
land is added. Nothing in this Constitution shall prevent the Gen- 
eral Assembly, after the first day of January, nineteen hundred and 
thirteen, from segregating for the purposes of taxation, the several 
kinds or classes of property, so as to specify and determine upon 
what subjects, state taxes, and upon what subjects, local taxes may 
be levied. 

Sec. 170. The General Assembly may levy a tax on incomes in 
excess of six hundred dollars per annum; may levy a license tax 
upon any business which cannot be reached by the ad valorem sys- 
tem; and may impose state franchise taxes, and in imposing a fran- 
chise tax, may, in its discretion, make the same in lieu of taxes 
upon other property, in whole or in part, of a transportation, in- 
dustrial, or commercial corporation. Whenever a franchise tax shall 
be imposed upon a corporation doing business in this State, or when- 
ever all the capital, however invested, of a corporation chartered 
under the laws of this State, shall be taxed, the shares of stock 
issued by any such corporation, shall not be further taxed. Xo city 
or town shall impose any tax or assessment upon abutting land 
owners for street or other public local improvements, except for 
making and improving the walkways upon then existing streets, and 
improving and paving then existing alleys, and for either the con- 
struction, or for the use of sewers; and the same when imposed, shall 
not be in excess of the peculiar benefits resulting therefrom to such 
abutting land owners. Except in cities and towns, no such taxes or 
assessments, for local public improvements shall be imposed on abut- 
ting land owners. 

Sec. 171. The General Assembly shall provide for a re- assess- 
ment of real estate, in the year nineteen hundred and five, and every 



156 VIRGINIA CIVIL GOVERNMENT. 

fifth year thereafter, except that of railway and canal corporations, 
which, after January the first, nineteen hundred and thirteen, may 
be assessed a« the General Assembly may provide. 

Sec. 172. The General Assembly shall provide for the special and 
separate assessment of all coal and other mineral land; but until 
such special assessment is made, such land shall be assessed under 
existing law^s. 

Sec. 173. The General Assembly shall levy a state capitation tax 
of, and not exceeding, one dollar and fifty cents per annum on every 
male resident of the State not less than twenty-one years of age, 
except those pensioned by this State for military services; one dol- 
lar of w hich shall be applied exclusively in aid of the public free 
schools, in proportion to the school population, and the residue shall 
be returned and paid by the State into the treasury of the county 
or city in which it was collected, to be appropriated by the proper 
county or city authorities to such county or city purposes as they 
shall respectively determine; but said state capitation tax shall not 
be a lien upon, nor collected by legal process from, the personal 
property which may be exempt from levy or distress under the poor 
debtor's law. The General Assembly may authorize the board of 
supervisors of any county, or the council of any city or towm, to 
levy an additional capitation tax not exceeding one dollar per annum 
on every such resident within its limits, which shall be applied in 
aid of the public schools of such county, city or town, or for such 
other county, city or towm purposes as they shall determine. 

Sec. 174. After this Constitution shall be in force, no statute of 
limitation shall run against any claim of the State for taxes upon 
any property; nor shall the failure to assess property for taxation 
defeat a subsequent assessment for and collection of taxes for any 
preceding year or years, unless such property shall have passed to a 
hona fide purchaser of value, without notice; in w^hich latter case the 
property shall be assessed for taxation against such purchaser from 
the date of his purchase. 

Sec. 175. The natural oyster beds, rocks, and shoals, in the waters 
of this State, shall not be leased, rented or sold, but shall be held in 
trust for the benefit of the people of this State, subject to such 
regulations and restrictions as the General Assembly may pre- 
scribe, but the General Assembly may, from time to time, define 
and determine such natural beds, rocks or shoals, by surveys or 
otherwise. 

Sec. 176. The State Corporation CommissLDn shall annually as- 
certain and assess, at the time hereinafter mentioned, and in the 
manner required of the Board of Public Works, by the law^ in force 
on January the first, nineteen hundred and two, the value of the 
roadbed, and other real estate, rolling stock, and all other personal 
property whatsoever (except its franchise and the non-taxable 
shares of stock issued by other corporations) in this State, of each 
railway corporation, whatever its motive power, now or hereafter 
liable for taxation upon such property; the canal bed and other real 
estate, the boats and all other personal property w^hatsoever (ex- 
cept its franchise and the non- taxable shares of stock issued by 

'I ■ 



CONSTITUTION OF VIRGINIA. 157 

other corporations) in this State, of each canal corporation, em- 
powered to conduct transportation; and such property shall be taxed 
for state, county, city, town, and district purposes in the same man- 
ner as authorized by said law, at such rates of taxation as may be 
imposed by them, respectively, from time to time, upon the real 
estate and personal property of natural persons: provided, that no 
tax shall be laid upon the net income of such corporations. 

Sec. 177. Each such raihvay or canal corporation, including also 
any such as is exempt from taxation as to its works, visible prop- 
erty, or profits, shall also pay an annual state franchise tax equal 
to one per centum upon the gross receipts hereinafter specified in 
section One Hundred and Seventy- eight, for the privilege of exercis- 
ing its franchise in this State, which, with the taxes provided for in 
section One Hundred and Seventy-six, shall be in lieu of all other 
taxes or license charges whatsoever upon the franchises of such cor- 
poration, the shares of stock issued by it, and upon its property 
assessed under section One Hundred and Seventy-six: provided, that 
nothing herein contained shall exempt such corporation from the 
annual fee required by section One Hundred and Fifty-seven of this 
Constitution, or from assessments for street and other public local 
improvements authorized by section One Hundred and Seventy; and 
provided, further, that nothing herein contained shall annul or inter- 
fere with, or prevent any contract or agreement by ordinance be- 
tween street railway corporations and municipalities, as to compen- 
sation for the use of the streets or alleys of such municipalities by 
such railway corporations. 

Sec. 178. The amount of such franchise tax shall be equal to one 
per centum of the gross transportation receipts of such corporations 
for the year ending June the thirtieth of each year, to be ascer- 
tained by the State Corporation Commission, in the following man- 
ner: 

(a) When the road or canal of the corporation lies wholly within 
this State, the tax shall be equal to one per centum of the entire 
gross transportation receipts of such corporation. 

(b) When the road or canal of the corporation lies partly within 
and partly without this State, or is operated as a part of a line or 
system extending beyond this State, the tax shall be equal to one 
per centum of the gross transportation receipts earned within this 
State, to be detennined as follows: By ascertaining the average 
gross transportation receipts per mile over its whole extent within 
and without this State, and multiplying the result by the number 
of miles operated within this State: provided, that from the sum so 
ascertained there may be a reasonable dedtiction because of any ex- 
cess of value of the terminal facilities or other similar advantages in 
other states over similar facilities or advantages in this State. 

Sec. 179. Each corporation mentioned in sections One Hundred 
and Seventy -six and One Hundred and Seventy- seven shall annually, 
on the first day of September, make to the State Corporation Com- 
mission the report which the law, in force January the first, nineteen 
hundred and two, required to be made annually to the Board of 
Public Works by every railroad and canal company in this State, 



158 VIRGINIA CIVIL GOVERNMENT. 

not exempt from taxation by virtue of its charter, which report 
shall also show the property taxable in this State belonging to the 
corporation on the thirtieth day of June preceding, and its total 
gross transportation receipts for the year ending on that date. 
Upon receiving such report the State Corporation Commission shall, 
after thirty days' notice previously given, as provided by said law, 
assess the value of the property not exempt from taxation, of the 
corporation, and ascertain the amount of the franchise tax and other 
state taxes chargeable against it. All taxes for which the corpora- 
tion is liable shall be paid on or before the first day of December 
following. The provisions of said law, except as changed by this 
article shall apply to the ascertainment and collection of the fran- 
chise, as well as other taxes of such corporations. Said taxes, until 
paid, shall be a lien upon the property within this State of the cor- 
poration owning the same, and take precedence of all other liens or 
incumbrances. 

Sec. 180. Any corporation aggrieved by the assessment and as- 
certainment made under sections One Hundred and Seventy-six and 
One Hundred and Seventy- eight may, within thirty days after re- 
ceiving a certified copy thereof, apply for relief to the circuit court 
of the city of Richmond. Notice of the application, setting forth 
the grounds of complaint, verified by affidavit, shall be served on the 
Gtate Corporation Commission, and on the Attorney-General whose 
duty it shall be to represent the State. The court, if of opinion 
that the assessment or tax is excessive, shall reduce the same; but if 
of opinion that it is insufficient, shall increase the same. Unless the 
applicant paid the taxes under protest, when due, the court, if it 
disallow the application, shall give judgment against it for a sum, 
by way of damages, equal to interest at the rate of one per centum 
per month upon the amount of taxes from the time the same were 
payable. If the application be allowed, in whole or in part, appro- 
priate relief shall be granted, including the right to recover any 
excess of taxes that may have been paid, with legal interest thereon, 
and costs, from the State or local authorities, or both, as the case 
may be; the judgment to be enforceable by mandamus or other 
proper process issuing from the court finally adjudicating the ap- 
plication. Subject to the provisions of Article Six of this Con- 
stitution, the Supreme Court of Appeals may allow a writ of error 
to either party. 

Sec. 181. After January the first, nineteen hundred and three, the 
system of taxation, as to the corporations mentioned in sections One 
Hundred and Seventy- six and One Hundred and Seventy- seven, shall 
be as set forth in sections One Hundred and Seventy- six to One 
Hundred and Eighty, inclusive; and for that year the franchise tax 
shall be based upon such gross receipts for the j^ear ending the 
thirtieth d^y of June, nineteen hundred and three, and such system 
shall so remain until the first day of January, nineteen hundred and 
thirteen, and thereafter until modified or changed, as may be pre- 
scribed by law: provided, that, if the said system shall for any 
reason become inoperative, the General Assembly shall have power 
to adopt some other system. 



CONSTITUTION OF VIRGINIA. 159 

Sec. 182. Until otherwise prescribed by law, the shares of stock 
issued by trust or security companies chartered by this State, and 
by incorporated banks, shall be taxed in the same manner in which 
the shares of stock issued by incorporated banks were taxed, by 
the law in force January the first, nineteen hundred and two; but 
from the total assessed value of the shares of stock of any such 
company or bank, there shall be deducted the assessed value of its 
real estate otherwise taxed in this State, and the value of each 
share of stock shall be its proportion of the remainder. 

Sec. 183. Except as otherwise provided in this Constitution, the 
following property and no other, shall be exempt from taxation, 
state and local; but the General Assembly may hereafter tax any 
of the property hereby exempted save that mentiond in sub- sec- 
tion (a) : 

(a) Property directly or indirectly owned by the State, however 
held, and property lawfully owned and held by counties, cities, towns, 
or school districts, used wholly and exclusively for county, city, 
tow^n, or public school purposes, and obligations issued by the State 
since the fourteenth day of February, eighteen hundred and eighty- 
two or hereafter exempted by law. 

(b) Buildings with land they actually occupy, and the furniture 
and furnishings therein lawfully owned and held by churches or 
religious bodies, and wholly and exclusively used for religious wor- 
ship, or for the residence of the minister of any such church or re- 
ligious body, together with the additional adjacent land reasonably 
necessary for the convenient use of any such building. 

(c) Private family burving-grounds not exceeding one acre in 
area, reserved as such by will or deed, or shown by other sufficient 
evidence to be reserved as such, and so exclusively used, and public 
burying-grounds and lots therein exclusively used for burial pur- 
poses, and not conducted for profit, whether owned or managed by 
local authorities or by private coi-porations. 

(d) Buildings with the land they actually occupy and the furni- 
ture, furnishings, books and instruments therein, wholly devoted 
to educational purposes, belonging to, and actually and exclusively 
occupied and used by churches, public libraries, incorporated col- 
leges, academies, industrial schools, seminaries, or other incorporated 
institutions of learning, including the Virginia Historical Society, 
which are not corporations having shares of stock or otherwise owned 
by individuals or other corporations; together with such additional 
adjacent land owned by such churches, libraries and educational in- 
stitutions as may be reasonably necessary for the convenient use of 
such buildings, respectively; and also the buildings thereon used as 
residences by the officers or instructors of such educational institu- 
tions; and also the permanent endowment funds held by such libra- 
ries and educational institutions directly or in trust, and not in- 
vested in real estate: provided, that such libraries and educational 
institutions are not conducted for profit of any person or persons, 
natural or corporate, directly, or under any guise or pretence what- 
soever. But the exemption mentioned in this sub- section shall not 
apply to any industrial school, individual or corporate, not the 



160 VIRGINIA CIVIL GOVERNMENT. 

property of the State, which does work for compensation, or manu- 
factures and sells articles, in the community in which such school is 
located; provided, that nothing herein contained shall restrict any 
such school from doing work for or selling its own products or any 
other articles to any of its students or employees. 

(e) Real estate belonging to, actually and exclusively occupied, 
and used by, and personal property, including endowment funds, be- 
longing to Young Men's Christian Associations, and other similar re- 
ligious associations, orphan or other asylums, reformatories, hos- 
pitals and nunneries, which are not conducted for profit, but purely 
and completely as charities. 

(f) Buildings with the land they actually occupy, and the fur- 
niture and furnishings therein, belonging to any benevolent or 
charitable association and used enclusively for lodge purposes or 
meeting rooms by such association, together with such additional 
adjacent land as may be necessary for the convenient use of the 
buildings for such purposes; and 

(g) Property belonging to the Association for the Preservation 
of Virginia Antiquities, the Confederate Memorial Literary Society, 
and the Mount Vernon Ladies' Association of the Union. 

No inheritance tax shall be charged, directly or indirectly, against 
any legacy or devise made according to law for the benefit of any 
institution or other body or any natural or corporate person whose 
property is exempt from taxation as hereinbefore mentioned in this 
section. 

Nothing contained in this section shall be construed to exempt 
from taxation the property of any person, firm, association or corpora- 
tion, who shall, expressly or impliedly, directly or indirectly, contract 
or promise to pay any sum of money or other benefit, on account 
of death, sickness, or accident to any of its members or any other 
person; and whenever any building or land, or part thereof, men- 
tioned in this section and not belonging to the State, shall be leased 
or shall be a source of revenue or profit, all of such buildings and 
land shall be liable to taxation as other land and buildings in the 
same county, city, or town; and nothing herein contained shall be 
construed as authorizing or requiring any county, city, or town to 
tax for county, city or town purposes, in violation of the rights of 
the lessees thereof existing under any lawful contract heretofore 
made, any real' estate owned by such county, city or town, and here- 
tofore leased by it. 

Obligations issued by counties, cities, or towns may be exempted 
by the authorities of such localities from local taxation. 

Sec. 184. No debt shall be contracted by the State except to meet 
casual deficits in the revenue, to redeem a previous liability of 
the State, to suppress insurrection, repel invasion, or defend the 
State in time of war. No scrip, certificate, or other evidence of state 
indebtedness, shall be issued except for the transfer or redemption 
of stock previously issued, or for such debts as are expressly au- 
thorized in this Constitution. 

Sec. 185. Neither the credit of the State, nor of any county, city, 
or town, shall be, directly or indirectly, under any device or pre- 



CONSTITUTION OF VIRGINIA. 161 

tence whatsoever, granted to or in aid of any person, association, or 
corporation; nor shall the State, or any county, city, or town sub- 
scribe to or become interested in the stock or obligations of any 
company, association, or corporation, for the purpose of aiding in 
the construction or maintenance of its work; nor shall the State 
become a party to or become interested in any work of internal im- 
provement, except public roads, or engaged in carrying on any such 
work; nor assume any indebtedness of any county, city, or to\^Ti, 
nor lend its credit to the same; but this section shall not prevent a 
county, city or town from perfecting a subscription to the capital 
stock of a railroad company authorized by existing charter con- 
ditioned upon the affirmative vote of the voters and freeholders of 
such county, city or town in favor of such subscription: provided, 
that such vote be had prior to July first, nineteen hundred and three. 

Sec. 186. All taxes, licenses, and other revenue of the State, shall 
be collected by its proper officers and paid into the state treasury. 
No money shall be paid out of the state treasury except in pursuance 
of appropriations made by law; and no such appropriation shall be 
made which is payable more than two years after the end of the 
session of the General Assembly, at which the law is enacted au- 
thorizing the same; and no appropriation shall be made for the pay- 
ment of any debt or obligation created in the name of the State 
during the war between the Confederate States and the United 
States. Nor shall any county, city, or town pay any debt or obliga- 
tion created by such county, city, or town in aid of said war. 

Sec. 187. The General Assembly shall provide and maintain a 
sinking fund in accordance with the provisions of section Ten of the 
act, approved February the twentieth, eighteen hundred and ninety- 
two, entitled " an act to provide for the settlement of the public 
debt of Virginia not funded under the provisions of an act entitled 
an act to ascertain and declare Virginia's equitable share of the 
debt created before, and actually existing at the time of the parti- 
tion of her territory and resources, and to provide for the issuance of 
bonds covering the same, and the regular and prompt payment of 
the interest theron, approved February the fourteenth, eighteen 
hundred and eighty-two." Every law hereafter enacted by the 
General Assembly, creating a debt or authorizing a loan, shall pro- 
vide for the creation and maintenance of a sinking fund for the 
payment or redemption of the same. 

Sec. 188. No other or greater amount of tax or revenue shall, at 
any time, be levied than may be required for the necessary expenses 
of the goverment, or to pay the indebtedness of the State. 

Sec. 1S9. On all lands and the improvements thereon, and on all 
tangible personal property, not exempt from taxation by the pro- 
vision of this article, the rate of state taxation shall be twenty 
cents on every hundred dollars of the assessed value thereof, the 
proceeds of which shall be applied to the expenses of the govern- 
ment and the indebtedness of the State, and a further tax of ten 
cents on every hundred dollars of the assessed value thereof, which 
shall be applied to the support of the public free schools of the State : 
provided, that after the first day of January, nineteen hundred and 



163 VIRGINIA CIVIL GOVERNMENT, 

seven, the tax rate upon said real and personal property, for such 
purposes shall be prescribed by law. But the General Assembly dur- 
ing such period of four years, in addition to making annually an 
appropriation for pensions not to exceed the last appropriation 
made for such purpose prior to September the thirtieth, nineteen 
hundred and one, may levy annually, a special tax for pensions, on 
such real and personal property of not exceeding five cents on the 
hundred dollars of the assessed value therof. 

ARTICLE XIV. 
MISCELLANEOUS PROVISIONS. 

HOMESTEAD AND OTHER EXEMPTIONS. 

Sec. 190. Every householder or head of a family shall be entitled, 
in addition to the articles now exempt from levy or distress for rent, 
to hold exempt from levy, seizure, garnishment, or sale under any 
execution, order, or other process issued on any demand for a debt 
hereafter contracted, his real and personal property, or either, in- 
cluding money and debts due him, to the value of not exceeding two 
thousand dollars, to be selected by him; provided, that such exemp- 
tion shall not extend to any execution, order, or other process issued 
on any demand in the following cases: 

First. For the purchase price of said propert}^, or any part 
thereof. If the property purchased, and not paid for, be exchanged 
for, or converted into, other property by the debtor, such last-named 
property shall not be exempted from the payment of such unpaid 
purchase money under the provisions of this article; 

Second. For services rendered by a laboring person or mechanic; 

Third. For liabilities incurred by any public officer, or officer of 
a court, or any fiduciary, or any attorney-at-law for money col- 
lected ; 

Fourth. For a lawful claim for any taxes, levies, or assessments 
accruing after the first day of June, eighteen hundred and sixty -six; 

Fifth. For rent; 

Sixth. For the legal or taxable fees of any public officer or officer 
of a court. 

Sec. 191. The said exemption shall not be claimed or held in a 
shifting stock of merchandise, or in any property, the conveyance of 
which by the homestead claimant has been set aside on the ground 
of fraud or want of consideration. 

Sec. 192. The General Assembly shall prescribe the manner and 
the conditions on which a householder or head of a family shall set 
apart and hold for himself and family a homestead in any of the 
property hereinbefore mentioned. But this section shall not be con- 
strued as authorizing the General Assembly to defeat or impair the 
benefits intended to be conferred by the provisions of this article. 

Sec. 193. Nothing contained in this article shall invalidate any 
homestead exemption heretofore claimed under the provisions of the 
former Constitution; or impair in any manner the right of any 
householder or head of a family existing at the time that this Con- 



CONSTITUTION OF VIRGINIA. 163 

stitution goes into effect, to select the exemption, or any part thereof, 
to which he was entitled under the former Constitution; provided 
that such right, if hereafter exercised, be not in conflict with the 
exemptions set forth in sections One Hundred and Xinety and One 
Hundred and Ninety-one. But no person who has selected and re- 
ceived the full exemption allowed by the former Constitution shall 
be entitled to select an additional exemption under this Constitu- 
tion; and no person who has selected and received part of the ex- 
emption allowed by the former Constitution shall be entitled to 
select an additional exemption beyond the difference between the 
value of such part and a total valuation of two thousand dollars. 
So far as necessary to accomplish the purposes of this section the 
provisions of chapter One Hundred and Seventy- eight of the Code of 
Virginia, and the acts amendatory thereof, shall remain in force until 
repealed by the General Assembly. The provisions of this article 
shall be liberally construed. 

Sec. 194. The General Assembly is hereby prohibited from pass- 
ing any law staying the collection of debts, commonly known as 
"stay laws"; but this section shall not be construed as prohibiting 
any legislation which the General Assembly may deem necessary to 
fully carry out the provisions of this article. 

HEIRS OF PROPERTY. 

Sec. 195. The children of parents, one or both of whom were 
slaves at and during the period of cohabitation, and who were recog- 
nized by the father as his children, and whose mother was recog- 
nized by such father as his wife, and was cohabited with as such, 
shall be as capable of inheriting any estate whereof such father 
may have died seised, or possessed, or to which he was entitled, as 
though they had been born in lawful wedlock. 

ARTICLE XV. 

FUTURE CHANGES IN THE CONSTITUTION. 

Sec. 196. Any amendment or amendments to the Constitution may 
be proposed in the Senate or House of Delegates, and if the 
same shall be agreed to by a majority of the members elected to 
each of the two houses, such proposed amendment or amendments 
shall be entered on their journals, with the ayes and noes taken 
thereon, and referred to the General Assembly at its first regular 
session held after the next general election of members of the House 
of Delegates, and shall be published for three months previous to the 
time of such election. If, at such regular session the proposed 
amendment or amendments shall be agreed to by a majority of all 
the members elected to each house, then it shall be the duty of the 
General Assembly to submit such proposed amendment or amend- 
ments to the people, in such manner and at such times as it shall 
prescribe; and if the people shall approve and ratify such amend- 
ment or amendments by a majority of the electors, qualified to vote 
for members of the General Assembly, voting thereon, such amend- 
ment or amendments shall become part of the Constitution. 



164 VIRGINIA CIVIL GOVERNMENT, 

Sec. 197. At such time as the General Assembly may provide, a 
majority of the memibers elected to each house being recorded in the 
affirmative, the question, " shall there be a convention to revise the 
Constitution and amend the same ? " shall be submitted to the elec- 
tors qualified to vote for members of the General Assembly; and in 
case a majority of the electors so qualified, voting thereon, shall vote 
in favor of a convention for such purpose, the General Assembly, at 
its next session, shall provide for the election of delegates to such 
convention; and no convention for such purpose shall be otherwise 
called. 



SCHEDULE. 



That no inconvenience may arise from the adoption of this Con- 
stitution, and in order to provide for carrying it into complete opera- 
tion, it is hereby ordained that: 

Section 1. The common law and the statute laws in force at the 
time this Constitution goes into effect, so far as not repugnant 
thereto or repealed thereby, shall remain in force until they expire 
by their own limitation, or are altered or repealed by the General 
Assembly. 

Sec. 2. All ordinances adopted by this Convention and appended 
to the official original draft of the Constitution delivered to the 
Secretary of the Commonwealth, shall have the same force and ef- 
fect, as if they were parts of this Constitution. 

Sec. 3. Except as modified by this Constitution, all writs, actions 
and causes of action, prosecutions, rights of individuals, of bodies 
corporate or politic, and of the State, shall continue. All legal pro- 
ceedings, civil and criminal, pending at the time this Constitution 
goes into effect, or instituted prior to the first day of February, 
nineteen hundred and four, in any county or circuit court as now 
existing, shall be prosecuted therein: provided, that all such mat- 
ters, w^hich are not finally terminated before the day last above 
mentioned, shall, on that date, by operation of this Constitution 
and Schedule, be transferred to the circuit court of the county or 
city created under this Constitution, and shall be proceeded with 
therein. All such matters pending in the city courts, preserved by 
this Constitution, when the same goes into effect, or thereafter 
instituted therein, shall continue in said courts, and be therein pro- 
ceeded with, until otherwise provided by law. All matters before 
justices of the peace or police justices at the time this Constitution 
goes into effect, shall be proceeded with before them, until other- 
wise provided by law. All legal proceedings prosecuted after this 
Constitution goes into effect, whether in any of the courts now ex- 
isting, or in those created by this Constitution, shall be proceeded 
with in the manner now or hereafter provided by law, except as 
otherwise required by this Constitution. 

Sec. 4. All taxes, fines, penalties, forfeitures and escheats, accrued 



CONSTITUTION OF VIRGINIA, 165 

or accruing to the Commonwealth, or to any political subdivision 
thereof, under the present Constitution, or under the laws now in 
force, shall, under this Constitution, enure to the use of the Com- 
monw^ealth, or of such subdivision thereof. 

Sec. 5. All recognizances, and other obligations, and all other in- 
struments entered into or executed before the adoption of this Con- 
stitution, or before the complete organization of the departments 
thereunder, to the Commonwealth, or to any county, or political sub- 
division thereof, city, town, board, or other public corporation, or in- 
stitution therein, or to any public officer, shall remain binding and 
valid, and rights and liabilities thereunder shall continue and may 
be enforced or prosecuted in the courts of this State as now or here- 
after provided by law. 

Sec. 6. From the day this Constitution goes into effect, the pres- 
ent judges of the Supreme Court of Appeals, or their successors then 
in office, shall be the judges of the Supreme Court of Appeals created 
by this Constitution, and continue in office, unless sooner removed, 
until February the first, nineteen hundred and seven. The jurisdic- 
tion of the court shall be as now or hereafter provided by law, sub- 
ject to the provisions of this Constitution. All proceedings, then 
pending in the court as now organized, shall, by virtue of this Con- 
stitution, be transferred to and disposed of by the court created by 
this Constitution. 

Sec. 7. The present judicial system of county and circuit courts 
of the Commonwealth is continued, and the terms of the several 
judges thereof, with the powers and duties now possessed by them 
respectively, are continued, until the first day of February, nineteen 
hundred and four, as if this Constitution had not been adopted; on 
which day the judicial system of circuit courts created by this Con- 
stitution shall go into operation. The terms of the judges of the 
city courts, as preserved by this Constitution, of the cities of Alex- 
andria, Charlottesville, Danville, Fredericksburg, Lynchburg, Peters- 
burg, Norfolk, Portsmouth, Richmond, Staunton, Manchester, Roa- 
noke, Winchester, and New^port News, shall continue until the first 
day of February, nineteen hundred and seven; and the terms of the 
judges of the city courts, as preserved by this Constitution, of the 
cities of Bristol, Radford and Buena Vista, shall continue until the 
first day of February, nineteen hundred and four, unless the said 
courts shall be sooner abolished. The privilege now allowed by stat- 
ute to judges of county courts and to judges of certain city courts to 
practice law, shall continue during the terms of the judges whose 
terms are continued by the Schedule, unless otherwise provided by 
law. 

Sec. 8. The terms of the clerks of the county and circuit courts 
now in office, or their successors, shall continue until the first day 
of February, nineteen hundred and four; and thereupon, the several 
clerks of the county courts in those counties in which such clerks 
are now ex-officio clerks of the circuit courts of said counties shall 
be and become the county clerks of their respective counties, and the 
clerks of all the other county courts of the State, except the counties 
of Accomac, Augusta, Bedford, Campbell, Elizabeth City, Fairfax, 



166 VIRGINIA CIVIL G0VERN3IENT, 

Lee, Loudoun, Hanover, Henrico, Rockingham, Nansemond, Southamp- 
ton, Pittsylvania, Nelson, and Fauquier, and, as such, the clerks of 
the circuit courts created therefor by this Constitution, and shall 
hold office as such until the first day of January, nineteen hundred 
and six, unless sooner removed, and their successors shall be elected 
on Tuesday after the first Monday in November, nineteen hundred 
and five; provided that the first term of the clerks so elected be for 
six years. In the counties of Accomac, Augusta, Bedford, Campbell, 
Elizabeth City, Fairfax, Lee, Loudoun, Hanover, Henrico, Rocking- 
ham, Nansemond, Southampton, Pittsylvania, Nelson and Fauquier, 
in which there are now separate clerks for the county and circuit 
courts thereof, there shall be elected on Tuesday after the first Mon- 
day in November, nineteen hundred and three, county clerks for such 
counties. The terms of the clerks now in office, or their successors, 
of the several city courts preserved by this Constitution, shall con- 
tinue until the first da}^ of January, nineteen hundred and seven; and 
their successors shall be elected on Tuesday after the first Monday in 
November, nineteen hundred and five; but if any of such city courts 
shall be sooner abolished as provided in this Constitution or b}^ law, 
then the term of the clerk of any such court shall thereupon deter- 
mine. 

Sec. 9. The first election of the Governor and of all officers re- 
quired by this Constitution, to be chosen by the qualified voters of 
the State at large, shall be held on the Tuesday after the first Mon- 
day in November, nineteen hundred and five, and their terms of office 
shall begin on the first day of February following their election. 
The present incumbents of said offices, or their successors, shall con- 
tinue in office until the last-named day. 

Sec. 10. The first election of members of the House of Delegates, 
and of all county and district officers, to be elected by the people 
under this Constitution, except as otherwise provided in this Sched- 
ule, shall be held on Tuesday after the first Monday in November, in 
the year nineteen hundred and three; and the terms of office of the 
several officers elected at that or any subsequent election shall begin 
on the first day of January, next after their election, except as other- 
wise provided in this Constitution or in this Schedule. And the 
terms of the office of the sheriff, commonwealth's attorney, treas- 
urer, commissioners of the revenue, superintendents of the poor, 
supervisors of the several counties, justices of the peace, and over- 
seers of the poor, and of any incumbent of any other county or dis- 
trict office not abolished by this Constitution, nor herein specifically 
mentioned, now in office, or their successors, or whose terms of office 
shall begin on the first day of July, nineteen hundred and two, are 
continued until January the first, nineteen hundred and four. 

The terms of the present members of the House of Delegates, and 
the terms of the senators now in office, or (in case of vacancies 
therein), their successors, representing the senatorial districts bear- 
ing even numbers, are extended until the second Wednesday in Janu- 
ary, nineteen hundred and four; provided, that the term of the sena- 
tor, now residing in the city of Richmond, who by the provisions of 
the apportionment act, approved April the second, nineteen hundred 



CONSTITUTION OF VIRGINIA. 167 

and two, is continued in office as one of the senators from the thirty- 
eighth senatorial district thereby created, be extended until the 
second Wednesday in January, nineteen hundred and six. The terms 
of the senators now in office, or (in case of vacancies therein), their 
successors, representing the senatorial districts bearing odd numbers 
are extended until the second Wednesday in January, nineteen hun- 
dred and six. 

In the senatorial districts bearing even numbers, there shall be 
elected, on the Tuesday after the first Monday in November, nine- 
teen hundred and three, for a term of four years, to begin on the 
second Wednesday in January succeeding their election, members of 
the Senate to represent such districts; in the senatorial districts 
bearing odd numbers, and in the city of Richmond to fill the va- 
cancy, which wall, as above provided, occur on the second Wednesday 
in January, nineteen hundred and six, there shall be elected, on the 
Tuesday after the first Monday in November, nineteen hundred and 
five, for a term of two years, to begin on the second Wednesday in 
January succeeding their election, members of the Senate to repre- 
sent such districts; and on the Tuesday after the first Monday in 
November, nineteen hundred and seven, there shall be elected, for 
the term of four years, to begin on the second Wednesday in Janu- 
ary succeeding their election, a senator from each senatorial dis- 
trict in the State. 

Sec. 11. All other state, county, and district officers, and their 
successors, who may be in office at the time this Constitution goes 
into effect, except the Auditor of Public Accounts, the Second Audi- 
tor, the Register of the Land Office, the Superintendent of Public 
Printing, the Commissioner of Labor and Industrial Statistics, Rail- 
road Commissioner, notaries public, the Adjutant-General, the Su- 
perintendent and the Surgeon of the Penitentiary, the Manager 
and the Surgeon of the State Prison Farm, the superintendents of 
the several state hospitals, and the school superintendents for coun- 
ties and cities, and school trustees, shall, unless their respective of- 
fices be abolished, or unless otherwise provided by this Constitution 
or Schedule, hold their respective offices, and discharge the respec- 
tive duties and exercise the respective powers thereof, until Janu- 
ary the first, nineteen hundred and four. The terms of the present 
incumbents in the offices of Auditor of Public Accounts, Second Au- 
ditor, Register of the Land Office, Superintendent of Public Print- 
ing, and Commissioner of Labor and Industrial Statistics, shall con- 
tinue until March the first, nineteen hundred and four. The temi of 
the Railroad Commissioner shall end as soon as the State Corpora- 
tion Commission shall be organized. Notaries public shall continue 
in office until their respective commissions shall expire. The term 
of the office of Adjutant- General shall expire March the first, nine- 
teen hundred and six. The Superintendent and the Surgeon of the 
Penitentiary, the Manager and the Surgeon of the State Prison Farm, 
the superintendents of the several state hospitals, shall continue 
in office until their successors shall be appointed by the respective 
boards empowered under this Constitution to make the several ap- 
pointments. The school superintendents for counties and cities shall 



168 VIRGINIA CIVIL GOVERNMENT. 

remain in office for their respective terms, and until their succes- 
sors are appointed. School trustees now in office, or their succes- 
sors, shall remain in office until otherwise provided by law. Elec- 
toral boards with the powers conferred by existing laws, except the 
appointment of registrars, shall remain in office until March the 
first, nineteen hundred and four. 

Sec. 12. The terais of the State Board of Education, the State 
Corporation Commission, and the Board of Agriculture and Immigra- 
tion, the directors of public institutions and prisons, and of each 
state hospital, and the Commissioner of State Hospitals, to be first 
elected, or appointed, under this Constitution, shall begin on March 
the first, nineteen hundred and three. The board of any of the above- 
named departments and institutions as now constituted shall con- 
tinue until the boards created under this Constitution for such de- 
partments and institutions respectively are duly organized. And the 
terms of the members of the Board of Fisheries are continued until 
March the first, nineteen hundred and six. The terms of the trus- 
tees or visitors of the state educational institutions, and other hon- 
orary appointments made by the Governor, are continued until 
otherwise provided by law. 

Sec. 13. Charters of incorporation may, until the first day of 
April, nineteen hundred and three, be granted or amended by the 
courts of the State in accordance with the laws in force when this 
Constitution goes into eifect, unless the General Assembly shall 
sooner provide for the creation of corporations as required by this 
Constitution. 

Sec. 14. The terms of all officers elected by the qualified voters 
of a city, and of their successors, in office at the time this Constitu- 
tion goes into effect, or whose terms of office begin on the first day 
of July, nineteen hundred and two, except the terms of mayors, of 
members of city councils and of the clerks of city courts, are con- 
tinued until January the first, nineteen hundred and six; and their 
successors shall be elected on the Tuesday after the first Monday 
in November, nineteen hundred and five. The terms of all city of- 
ficers, not so elected, shall expire as provided in the charters of the 
several cities, or as may be provided by law. 

Sec. 15. Until otherwise provided by law, the mayors of the 
several cities shall continue in office until September the first, nine- 
teen hundred and four, and their successors shall be elected the 
second Tuesday in June, nineteen hundred and four. Until other- 
wise provided by law, the members of the several city councils shall 
continue in office for the terms prescribed in the charters of their 
respective cities, except that where their terms are prescribed as 
ending on the first day of July of any year, they shall be extended 
until the first day of September following. 

Sec. 16. Vacancies in any office, the term of which is confirmed 
or extended by this Schedule, occurring during such term or exten- 
sion thereof, shall be filled in the manner prescribed by law. 

Sec. 17. All officers, whose terms of office are extended by this 
Schedule, required by law or municipal ordinance to give bond for 
the faithful discharge of the duties of their respective offices, shall, 



CONSTITUTION OF VIRGINIA, 169 

prior to the expiration of the terms for which they were respec- 
tively chosen, before the court or other authority before whom such 
officer was required by law or municipal ordinance to give such bond, 
enter into a new bond, in the same penalty and with such security 
as was prescribed by law or municipal ordinance in respect to his 
former bond, and with like conditions as therein prescribed, for the 
faithful discharge of the duties of his office for the extended term 
herein provided for, and until his successor shall have been duly 
chosen, and shall have qualified according to law. Upon failure to 
give such bond within the time above prescribed, the office shall, 
upon the expiration of the term for which the incumbent thereof 
was chosen, become vacant. 

Sec. 18. In all elections held after this Constitution goes into 
effect, the qualifications of electors shall be those required by Ar- 
ticle Two of this Constitution. 

Sec. 19. The General Assembly which convened on the first 
Wednesday in December, nineteen hundred and one, shall be called 
by the Governor to meet in session at the Capitol at twelve o'clock 
M., on Tuesday, the fifteenth day of July, nineteen hundred and two. 
It shall be vested with all the powers, charged with all the duties, 
and subject to all the limitations prescribed by this Constitution in 
reference to the General Assembly, except as to the limitation upon 
the period of its session, qualifications of members, and as to the 
time at Vvhich any of its acts shall take effect; but the ineligibility 
of the members thereof to be elected to any other office during their 
terms as members of the General Assembly shall be such as is im- 
posed by this Constitution. The said General Assembly shall elect 
judges for all of the circuit courts provided for in this Constitution, 
and also of the corporation courts for Bristol, Radford, and Buena 
Vista, unless said city courts are sooner abolished. 

Sec. 20. The said General Assembly shall enact such laws as may 
be deemed proper, including those necessary to put this Constitution 
into complete operation; to confirm those officers whose appoint- 
ment is made by this Constitution subject to confirmation by the 
General Assembly or either house thereof; and to transact other 
proper business; and such session shall continue so long as may be 
necessary. The members shall receive for their services four dollars 
per day, for the time when the General Assembly is actually in 
session, including Sundays and recesses of not exceeding five days, 
and the mileage provided by law; the Speaker of the House of Dele- 
gates and President of the Senate shall each receive seven dollars 
per day for the same period and the mileage provided by law; and 
the other officers and employees shall receive such compensation 
for their services as the General Assembly may prescribe. Pro- 
vision may be made for compensation at said rate of four dollars 
per day of members of legislative committees which may sit during 
any recess of said session. 

Sec. 21. The compensation and duties of the Clerk of the House 
of Delegates and of the Clerk of the Senate shall continue as now 
fixed by law until the first day of January, nineteen hundred and 
three, after which date their compensation shall be as prescribed 
by section Sixty-six of this Constitution. 



170 VIRGINIA CIVIL GOVERNMENT. 

Sec. 22. When the General Assembly convenes on the fifteenth 
day of July, nineteen hundred and two, its members and officers, 
before entering upon the discharge of their duties, shall severally 
take and subscribe the oath or affirmation prescribed by section 
Thirty-four of the Constitution. And not later than the twentieth 
day of July, nineteen hundred and two, the Governor and all other 
executive officers of the State, whose offices are at the seat of gov- 
ernment, and all judges of courts of record, shall severally take and 
subscribe such oath or affirmation; and upon the failure of any such 
officer, executive or judicial, to take such oath by the day named, his 
office shall thereby become vacant. Such oaths or affirmations shall 
be taken and subscribed before any person authorized by existing 
laws to administer an oath. The Secretary of the Commonwealth 
shall cause to be printed the necessary blanks for carrying into 
effect this provision, and the said oaths and affirmations so taken 
and subscribed, except of the members and officers of the General 
Assembly, shall be returned to and filed in his office; and those taken 
by the members and officers of the General Assembly shall be pre- 
served in the records of the respective houses. 

Sec. 23. The official copy of the Constitution and Schedule, and 
of any ordinance adopted by the Convention, shall, as soon as they 
shall be enrolled, be signed by the President and attested by the Sec- 
retary of the Convention, and the President will thereupon cause the 
same to be delivered to the Secretary of the Commonwealth, who 
will file and preserve the same securely, among the archives of the 
State in his custody. 

The Secretary of the Comonwealth will cause the Constitution, 
Schedule, and said ordinances to be transcribed in a book to be pro- 
vided for the purpose and safely kept in his office. 

The Secretary of the Convention will immediately upon the adop- 
tion of this Schedule, deliver a certified copy of the Constitution 
and Schedule, and of said ordinances, to the Governor of the Com- 
monwealth. 

Sec. 24. The Governor is authorized and directed to immediately 
issue his proclamation announcing that this revised and amended 
Constitution has been ordained by the people of Virginia, assembled 
in Convention, through their representatives, as the Constitution 
for the government of the people of the State, and will go into effect 
as such, subject to the provisions of the Schedule annexed thereto, 
on the tenth of July, nineteen hundred and two, at noon, and call- 
ing upon all the people of Virginia to render their true and loyal 
support to the same, as the organic law of the Commonwealth. 

Sec. 25. This Constitution shall, except as is otherwise provided 
in the Schedule, go into effect on the tenth day of July, nineteen 
hundred and two, at noon. 

This Schedule shall take effect from its passage. 



OUTLINE OF HISTORY, 



171 



THE POPULATION OF VIRGINIA AT VARIOUS 

DATES. 



POPULATION. 



350 

4,000 

15,300, of which 300 were ) 

slaves ) 

40,000, of which 2,000 ) 

were slaves ) 

70,000, white and colored. . 
90,000, of which 23,000) 

were slaves ) 

293,000, of which 120,000 ) 

w^ere slaves ) 

746,610, white and colored.. 
880,200, white and colored.. 
974,600, white and colored. . 
1,065,116, white and colored.. 
1,211,405, white and colored. . 
1,239,797, white and colored.. 
1,421,661, of which 526,861 ) 

were colored [ 

1,596,318, of which 548,947 

were colored 

1,225,163, of which 512,841 

were colored 

1,512,565, of which 631,616 ) 

were colored f 

1,655,980, of which 635,438 

were colored 

1,854,980, white and colored . . 



AUTHORITY. 



Cookers Virginia. 
Cookers Virginia. 

Cookers Virginia. 
Cookers Virginia. 

Cookers Virginia. 
Fiske's Old Virginia. 

Cooker's Virginia. 



United 
United 
United 
United 
United 
United 



States Census. 
States Census. 
States Census. 
States Census. 
States Census. 
States Census. 



United States Census. 

United States Census. 

United States Census. 

United States Census. 

United States Census. 
United States Census. 



INDEX. 



Agriculture and Immigration, 
Commissioner of, 39; Depart- 
ment of, 40. 

Aldermen, Board of, 88. 

Amendments to bills, 23. 

Appellate jurisdiction, 47. 

Arlington, Lord, grant to, 102. 

Arnold, Benedict, 103. 

Assess, meaning, 75. 

Assessment, 60. 

Assessors, county, 81. 

Attachment, in law, 85. 

Attest, definition of, 28. 

Attorney, 29. 

Attorney-at-law, 65. 

Attorney general, 29, 30. 

Auditor, 34; of public accounts, 35. 

Bacon's rebellion, 102. 

Bail, 58. 

Bail-bond, 58. 

Ballot, 14. 

Bill of rights, 9. 

Bills, in general assembly, 21, 22, 
23. 

Body corporate, 97. 

Bond, 34; cancelled, coupon, re- 
deemed, registered, 36. 

Booth, polling, 14. 

Braddock, General, 102. 

Breach of the peace, 21. 

Bribery, 13. 

Brown, John, 104. 

By-laws, 93. 



Cabot, John, 101. 
Capital punishment, 28. 
Capitation tax, 80. 
Census of children, 98. 
Certified abstracts, 43. 
Certiorari, 51. 
Challenge, of jurors, 67. 
Chancery, 50; commissioners of, 51. 
Chancery Court, City of Richmond, 

60. 
Charter of incorporation, 33; city, 

89. 
Charter, London Company, 101. 
Circuit Courts, 30. 
Circuit Court, City of Richmond, 51. 
Cities and Towns, 88. 
City sergeant, 64, 90. 
Citizen, qualifications of, 12, 13. 
City, definition, 88. 
Civil, 6. 

Civil government, meaning, 6. 
Civil process, 21. 
Civil rights, 11. 
Clarke, George R., 103. 
Clerical duties, 33. 
Clerks of courts and county, 63, 73. 
Client, 47. 
Code, defined, 59. 
Colonial Assembly, first, 101. 
Commissioners, Sinking Fund, 34. 
Commissions, 28; payments, 32. 
Com-mit-tee', 49. 
Committees, in General Assembly, 

22. 



INDEX. 



173 



Common Council, 89. 
Common Law, 61. 
Commonwealth, definition of, 17. 
Commonwealth's attorney, 64 ; city, 

93. 
Condemnation of land, 60. 
Confederate Congress, 104. 
Conservator of the peace, 85, 86. 
Constable, 64, 85. 
Constitution, first, of Virginia, 103 ; 

Constitution, present, full text, 

109; present, main provisions of, 

10. 
Constitution of United States 

adopted, 103. 
Contempt of court, 21. 
Contests in elections, .20. 
Continental Congress, first, 103. 
Convention at Richmond, 103. 
Conventions, political, 7. 
Convict, definition of, 28. 
Convicts, prosecution of, 60. 
Cornwallis, surrender of, 103. 
Coroner, 81. 
Corporate debt, 89. 
Corporate limits, 60. 
Corporation, 14. 

Corporation Commission, State, 38. 
Corporation courts, 56, 57. 
Council, City, 88. 
County organization, 71. 
County seat, 71. 
Crier, 63, 64. 

Culpeper, Lord, grant to, 102. 
Curator, 49. 
Counsel, 30. 
County Judges, 54. 

Damages, 58. 

Debt, 58. 

Declaration of Independence, 103. 

Deed, 61. 



Defendant, 52. 
Delegate, 17. 

Delegates, House of, 18, 19, 21. 
Delinquent (in taxes), 77. 
Delinquent list, 75. 
Departments of government, 6. 
Depositaries, 41, 42. 
Detinue, 58. 
Distrain, meaning, 75. 
District organization, 84. 
Docketing of Judgments, 61. 

Education, State Board, 93, 94. 
Election commissioners, 43. 
Elections, how conducted, 13. 
Electoral Board, 79. 
Electoral College, 15. 
Electoral district, 79. 
Electors, presidential, 15. 
Embezzlement, 13. 
Ex officio, 97. 
Ex parte settlement, 62. 
Executive acts, 33. 
Executive Departments, 25. 

Felony, 13. 

Fertilizers, 40. 

Fiduciaries, 61. 

Fines, 27. 

Fort Duquesne, 102. 

Fractional certificates, 36. 

French and Indian War, 102. 

Fundamental principles, defined, 

10. 
Freedom of elections, 11. 
Freedom of the press, 11. 
Freedom of speech, 11. 

General Assembly, 19, 20, 21, 27, 32. 
Government, free, by whom insti- 
tuted, 10. 
Government, meaning of, 5. 



174 



INDEX. 



Governor, 25. 

Governors, colonial, 104, 105, 106, 

107; State, 107, 108. 
Grand Jury, how chosen, duties, 68. 
Grants or gifts, 28. 
Great Meadows, battle, 102. 
Guardian, 48. 

Habeas corpus, 48. 

Henry, Patrick, famous speech, 

102. 
Huguenots, 102. 
Hustings Court, City of Richmond, 

59. 

Impeachment, 18. 
Incapacitated, 28. 
Indictment, 55. 
Information, in law, 55. 
Inherent rights, 11. 
Injunction, 51 ; as to crops, 56. 
Inquest, 81, 82. 
Internal improvements, 41. 

Jamestown, first settlement, 101. 

Jefferson, Thomas, 102, 103. 

Judges of election, 14. 

Judgment, 61. 

Judiciary Department, 46. 

Juries, how chosen, 67, 68.. 

Jurisdiction, appellate, 50; con- 
current, 59; criminal, 61; origi- 
nal, 50. 

Jurors, 12. 

Justices' courts, 57. 

Justice of the peace, 57, 84, 85. 

Keeper of the rolls, 19. 
King's Mountain, battle, 103. 

Land office, 37. 

Last will and testament, 51. 



Law and Equity Court, City of 

Richmond, 61. 
Laws, how made, 22, 23. 
Lee, Robert E., 103, 104. 
Legal settlement of paupers, 86. 
Legislation, defined, 20. 
Legislative department, 17. 
Levies, county, 74. 
Levy, 49. 
Librarian, 33. 
Library fund, 33. 
Licenses, 12, 65, 66. 
Lieutenant-governor, 28, 29. 
Literary fund, 37. 
Lower court, 47. 

Magisterial districts, 84. 
Magistrates, 9, 10. 
Majority rule, 7. 
Manassas, first battle, 104. 
Mandamus, 48. 
Mayor, 9, 88, 90. 
Meridian line, 78. 
Message, the governor's, 26. 
Mileage, 21. 
Minor, 86. 
Militia, 26. 
Misdemeanor, 59. 
Montague, A. J., 
Motion, 52. 
Murder, defined, 56, 

Naturalization, 13. 
Naval forces, 26. 
Navigation acts, 102. 
Norfolk, incorporated, 102. 
Northern Neck lands, 37, 38. 
Northwest Territory, 103. 
Notary public, 86. 
Nuisance, 89. 

Oath, of office, 14; of witnesses, 68, 



INDEX. 



175 



Ofl&cers of courts, 63. 

''Old Dominion," Virginia so 

called, 102. 
Opechancanough, massacre under, 

101 ; captured and killed, 102. 
Ordinances, 88. 

Pardons, granting of, 27. 

" Parsons' Case," 102. 

Party in a suit, 52. 

Party government, 7. 

Patent, 38. 

Pauper, meaning, 77. 

Penitentiary, 39 ; superintendent 
of, 39. 

Perjury, 21. 

Personal representative, 48. 

Petit jury, 69. 

Petit larceny, 13. 

Plaintiff, 52. 

Plat, meaning, 78. 

Pocahontas, 101. 

Point Pleasant, battle, 102. 

Police justice, 57. 

Political disabilities, 27. 

Political parties, 7. 

Political rights, 11. 

Polls, 14. 

Poor, superintendent of, 77; over- 
seer of, 85, 86. 

Poorhouse, 77. 

Population, Virginia, at various 
dates, 139. 

Postal system, 102. 

Presentment, 55, 68. 

Printing, public, superintendent 
of, 39. 

Private property, 12. 

Process, 73. 

Property, personal, 50. 

Provisional government, 104. 

Proxies, 41, 42. 



Public buildings, superintendent 

of, 37. 
Public instruction, superintendent 

of, 94, 95. 
Public privileges, 11. 
Public schools, superintendent of, 

79. 

Qualified, meaning of, 14. 
Qualify, attorney, 65. 
Quo warranto, 51. 

Railroads, how chartered, 38. 

Real estate, 50. 

Receiver, 51. 

Record, 33. 

Recordation of wills, 61. 

Register of the land office, 37. 

Religious freedom, 11; act of, 103. 

Reprieve, 27. 

Republic, 6. 

Revenue, 59; State, 74; commis- 
sioner of, 75, 76; city, 91. 

Richmond made seat of govern- 
ment; captured by British, 103; 
Confederate capital, 104; found- 
ed; incorporated, 102. 

Rolls, definition of, 19. 

Royal government, end of, 103. 

School Board, County, 96, 97. 

School Commissioners, County 
Board, 79. 

School districts, 97. 

School funds, 93, 98. 

School trustees, 97. 

School Trustees, District Board of, 
97. 

School Trustee Electoral Board, 96. 

Schools, county and city superin- 
tendents, 95, 96. 

Seal, State, 28, 33. 



176 



INDEX. 



Seat of government, 25. 

Secession ordinance, passed, 104. 

Second auditor, 36. 

Secretary of the commonwealth, 32. 

Senate, State, 17, 18, 21, 28. 

Senatorial districts, 18. 

Sentence, in law, 72. 

Sessions of court, 47 ; of General 

Assembly, 19. 
Shenandoah Valley, settlements, 

102. 
Sheriff, 64, 72. 
Sheriff, Richmond city, 91. 
Sinking fund, 34; commissioners, 

42. 
Slaves, first landed, 101. 
Smith, John, 101. 
Stamp Act, 103. 
** Starving time," 101. 
State, 6. 

State Canvassers, Board of, 14, 42. 
State officers, definition, 14. 
Statute, definition of, 19. 
Suit or lawsuit, 52. 
Supersedeas, 51. 
Supervisor, duties, 84. 
Supervisors, Board of, 80. 
Supreme Court of Appeals, 46. 
Surveyor, county, 78. 

Tariff, 59. 

Taxes, 59. 

Teachers, 99. 

Term of office, 25. 

Testament, 51. 

Testamentary cases, 51. 

Tipstaff, 63, 64. 

Title deed, 48. 

Tobacco, culture commenced, 101 . 

Town, definition, 88. 



Treason, 13. 

Treasurer, 34; county, 74; city, 91. 

Treasury, 34. 

Trial by jury, 11. 

Trustees, 10. 

University of Virginia, estab- 
lished, 103. 
Unlawful detainer, 68. 
Unlawful entry, 58. 

Verdict, definition, 11. 

Veto power, 28. 

'* Virginia " and '* Monitor," battle, 
104. 

'* Virginia Gazette," first news- 
paper, 102. 

Virginia a province, 101; read- 
mitted to Union, 104. 

Virginia resolves, 103. 

Voters, qualifications of, 12. 

Ward, 79, 89. 

Warrant for arrest and search, 58; 
of treasurer, 34. 

Washington, George, 102, 103. 

Weights and measures, superin- 
tendent of, 37; scaler of, 38. 

Will, 48. 

William and Mary College, founded, 
102. 

Williamsburgh, seat of govern- 
ment, 102. 

West Virginia, formed, 104. 

Witness, definition, 65. 

Writ, 48. 

Writ of error, 51. 

Writ of prohibition, 48. 

Yorktown centennial, 104. 



MAR 19 1904 



